RADICAL MARKETS: UPROOTING CAPITALISM AND DEMOCRACY FOR A JUST SOCIETY by POSNER, ERIC A AND WEYL, GLEN (Princeton, NJ: Princeton University Press, 2018, 368 pp, £25.00); PRICING LIVES: GUIDEPOSTS FOR A SAFER SOCIETY by VISCUSI, W KIP (Princeton, NJ: Princeton University Press, 2018, 296 pp, £30.00). Should law be understood as serving external social goals, or as an irreducible bearer of moral weight? This question has been a topic of fierce contemporary debate. One tradition argues that legal rules should be evaluated by their consequential effects in service to some external, typically quantifiable value. The success of this approach has produced a robust backlash, with some scholars asserting that law is a normatively unique bulwark of relationships between persons … (more)
Jacob Eisler, ‘The Limits and Promise of Instrumental Legal Analysis’, Journal of Law and Society, https://doi.org/10.1111/jols.12238. First published: 20 July 2020.
First posted 2020-07-22 05:38:24
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