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Free Markets and Social Justice [Paperback]

Cass R. Sunstein (Author)
4.0 out of 5 stars  See all reviews (2 customer reviews)

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Book Description

0195102738 978-0195102734 March 18, 1999
The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health.

Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.

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Editorial Reviews

Amazon.com Review

While not meant to be an overarching "theory of justice" Cass Sunstein's book supplies many of the theoretical components any grand theory ought to include. In the broadest terms, this collection of articles argues that achieving social justice should be of greater importance than the purity of free markets. Markets, he argues, are themselves only possible through political guarantees of rights and the rule of law, and they should be subordinate to discussions of justice. Sunstein considers seven principles that clarify what is at stake in contemporary discussions of law and economics, often exposing unfounded assumptions of libertarians and free market devotees, yet never losing sight of the value of markets and the goods they procure. Insightful chapters on the formation of preferences, the diversity of human goods, the context dependence of choice, and the vexing problems of rationality blend the author's broad knowledge of contemporary philosophy, his command of legal history and philosophy, and a solid grasp of economic theory. Those looking for sound and challenging thinking on these topics have an excellent source in this volume. --This text refers to an out of print or unavailable edition of this title.

From Booklist

Sunstein, noted legal scholar and prolific author, is also the Llewellyn Distinguished Professor of Jurisprudence at the University of Chicago School of Law; he has written dozens of articles for academic and law journals and for the popular press. His books include Democracy and the Problem of Free Speech (1994) and The Partial Constitution (1993). In the context of a "mounting enthusiasm for free markets" worldwide, Sunstein undogmatically analyzes here the complex relationships between market forces, social justice, liberty, and freedom. He develops seven basic themes--beginning with the "myth of laissez-faire" as he declares that "the notion of `laissez-faire' is a grotesque misdescription of what free markets actually require and entail." Organizing his presentation into three sections (foundational issues, rights, and regulation), he raises potent issues such as how we measure well-being, why markets do not eliminate discrimination, and the paradoxes of the regulatory state. Sunstein successfully and eloquently lays out weighty arguments without making them seem ponderous. David Rouse --This text refers to an out of print or unavailable edition of this title.

Product Details

  • Paperback: 416 pages
  • Publisher: Oxford University Press, USA (March 18, 1999)
  • Language: English
  • ISBN-10: 0195102738
  • ISBN-13: 978-0195102734
  • Product Dimensions: 8.8 x 6 x 1.2 inches
  • Shipping Weight: 1.4 pounds (View shipping rates and policies)
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #812,274 in Books (See Top 100 in Books)

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13 of 18 people found the following review helpful:
4.0 out of 5 stars Balanced analysis of markets, March 30, 2000
By A Customer
The author provides a balance between recognizing the value that is embodied in free markets and realizing that they are not an end in themselves. Rather, the author writes that markets are best evaluated on the basis not of some imagined inherent worth, but on the basis of their practical effects in real life. By taking the focus away from the theoretical premises of free markets and allowing criticism based on their practical effects on human life, while still recognizing the amazing good they are, the author strikes a balance between those who would turn to some form of a socialistic economic system in order to achieve greater social justice and those who believe that markets can do no wrong. The author is talented at creating new perspectives from which to view issues related to markets and social justice. In addition, he does an excellent job at making a case for legitimate (yet still limited) government involvement in markets by using arguments that most conservatives would agree with. From a theological perspective, however, the author tends at times to point to markets as the source of some social ills that actually have their source not in market mechanisms, but in the presence of sin and evil in the world. Overall, the book is an excellent and balanced analysis of free markets and their effects on social justice. It is not easy bedtime reading, however. Be prepared to take quite a bit of time chewing on the author's ideas.
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8 of 11 people found the following review helpful:
4.0 out of 5 stars A Good Read!, March 19, 2001
This review is from: Free Markets and Social Justice (Paperback)
Cass R. Sunstein's book is a serious piece of scholarship about very engaging legal and social issues concerning economics and law. The book derives both strengths and weaknesses from its beginnings as a series of lectures presented from 1990 to 1995. Each chapter presents a thoughtful thesis, but not all chapters link together in a clearly understandable manner. However, a reader who is prepared to put in the required effort, will gain a wealth of thought-provoking material. We at getAbstract recommend this book to anyone who misses pure intellectual challenge. Lawyers, policy makers, and economists are most likely to appreciate it.
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Inside This Book (learn more)
First Sentence:
The drafting of the U.S. Constitution, it is often said, signaled a rejection of conceptions of politics founded on a classical ideals in favor of a quite different modern view. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
ancillary risks, norm bandwagons, intrapersonal collective action problems, subjective welfarism, anticaste principle, citizen valuations, private willingness, regulatory paradoxes, unjust background conditions, diverse valuations, campaign finance limits, regulated risk, incommensurable goods, democratic judgments, constitutional moments, economic guarantees, endogenous preferences, content discrimination, speech market, citizen judgments, informational strategies, risk regulation, regulatory performance, regulatory state, marketplace model
Key Phrases - Capitalized Phrases (CAPs): (learn more)
New York, United States, First Amendment, New Deal, Harvard University Press, Eastern Europe, Oxford University Press, Amartya Sen, Cambridge University Press, Clean Air Act, Kip Viscusi, Supreme Court, Democratizing America Through Law, Delaney Clause, Richard Thaler, University of Chicago Press, Human Development Report, Basic Books, Economic Report of the President, Endangered Species Act, Gary Becker, Jon Elster, Measuring Well-Being, President Clinton, Breaking the Vicious Circle
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