Law's Limits: Rule of Law and the Supply and Demand of Rights [Paperback]

Neil K. Komesar (Author)

Book Description

Publication Date: December 10, 2001 | ISBN-10: 0521000866 | ISBN-13: 978-0521000864

Focusing on U.S. property rights law and the notions of private property and the Rule of Law, this book paints an unconventional picture of law and rights in general. Law and rights shift and cycle as systematic factors like increasing numbers and complexity produce tough institutional choices and unexpected combinations of goals and institutions, such as private property best protected by the unconstrained political process and communitarian values best achieved through exit and atomistic markets. These forces also frustrate attempts to export the U.S. image of rights. Although there may be an important role for law, rights and courts both in the U.S. and abroad, it can not be easily defined. This book proposes a way to define that role and to change the way we look at law.

Editorial Reviews

Review

"Using the context of supply and demand, Komesar affers an analysis of rights in general and property rights in particular in the demand for and supply of the limited resources of law and the courts....For readers interested in a more provocative approach to understanding the nexus between law and society, this book will prove illuminating. Graduate level and above." Choice

Book Description

What law is, can be or ought to be is determined by the character of those institutions that make, interpret and enforce law. The interaction of these institutions molds the supply of and demand for law. Focusing on this interaction in the context of US property rights law and the debates about private property and the rule of law, this book paints an unconventional picture of law and rights shifting and cycling as systemic factors, such as increasing numbers and complexity, strain both supply and demand. Although there may be an important role for law, rights and courts both in the US and abroad, it can not be facilely defined. This book proposes a way to define that role and to reform legal education and legal analysis.

Product Details

• Paperback: 220 pages
• Publisher: Cambridge University Press (December 10, 2001)
• Language: English
• ISBN-10: 0521000866
• ISBN-13: 978-0521000864
• Product Dimensions: 8.8 x 6 x 0.4 inches
• Shipping Weight: 10.4 ounces (View shipping rates and policies)
• Amazon Best Sellers Rank: #1,769,911 in Books (See Top 100 in Books)

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