Richard A. Posner is probably the leading scholar in the rapidly growing field of the economics of law; he is also an extremely lucid writer. In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient social and legal institutions, the law and economics of privacy and reputation, and the law and economics of racial discrimination.
The book is designed to display the power of economics to organize and illuminate diverse fields in the study of nonmarket behavior and institutions. A central theme is the importance of uncertainty to an understanding of social and legal institutions. Another major theme is that the logic of the law, in many ways but not all, appears to be an economic one: that judges, for example, in interpreting the common law, act as if they were trying to maximize economic welfare.
Part I examines the deficiencies of utilitarianism as both a positive and a normative basis of understanding law, ethics, and social institutions, and suggests in its place the economist’s concept of “wealth maximization.”
Part II, an examination of the social and legal institutions of archaic societies, notably that of ancient Greece and primitive societies, argues that economic analysis holds the key to understanding such diverse features of these societies as reciprocal gift-giving, blood guilt, marriage customs, liability rules, and the prestige accorded to generosity. Many topics relevant to modern social and philosophical debate, including the origin of the state and the retributive theory of punishment, are addressed.
Parts III and IV deal with more contemporary social and jurisprudential questions. Part III is an economic analysis of privacy and the statutory and common law rules that protect privacy and related interests—rules that include the tort law of privacy, assault and battery, and defamation. Finally, Part IV examines, again from an economic standpoint, the controversial areas of racial and sexual discrimination, with special reference to affirmative action. Both Part III and Part IV develop as a sub-theme the issue of proper standards of constitutional adjudication by the Supreme Court.
Why human rights don’t work
In The Effluent Eye, Rosemary J. Jolly argues for the decolonization of human rights, attributing their failure not simply to state and institutional malfeasance but to the very concept of human rights as anthropocentric—and, therefore, fatally shortsighted. In an engaging mix of literary and cultural criticism, Indigenous and Black critique, and substantive forays into the medical humanities, Jolly proposes right-making in the demise of human rights.
Using what she calls an “effluent eye,” Jolly draws on “Fifth Wave” structural public health to confront the concept of human rights—one of the most powerful and widely entrenched liberal ideas. She builds on Indigenous sovereignty work from authors such as Robin Wall Kimmerer, Leanne Betasamosake Simpson, and Mark Rifkin as well as the littoral development in Black studies from Christine Sharpe, Saidiya Hartman, and Tiffany Lethabo King to engage decolonial thinking on a range of urgent topics such as pandemic history and grief; gender-based violence and sexual assault; and the connections between colonial capitalism and substance abuse, the Anthropocene, and climate change.
Combining witnessed experience with an array of decolonial texts, Jolly argues for an effluent form of reading that begins with the understanding that the granting of “rights” to individuals is meaningless in a world compromised by pollution, poverty, and successive pandemics.
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Anthropology has long been associated with an ethos of “engagement.” The field’s core methods and practices involve long-term interpersonal contact between researchers and their study participants, giving major research topics in the field a distinctively human face. Can research findings be authentic and objective? Are anthropologists able to use their data to aid the participants of their study, and is that aid always welcome?
In Engaged Observer, Victoria Sanford and Asale Angel-Ajani bring together an international array of scholars who have been embedded in some of the most conflict-ridden and dangerous zones in the world to reflect on the role and responsibility of anthropological inquiry. They explore issues of truth and objectivity, the role of the academic, the politics of memory, and the impact of race, gender, and social position on the research process. Through ethnographic case studies, they offer models for conducting engaged research and illustrate the contradictions and challenges of doing so.
In Environmental Justice, leading thinkers of the environmental justice movement take a direct look at the failure of "top down" public policy to effectively deal with issues of environmental equity.
The book provides a startling look at pressing social and environmental problems and charts a course for future action. Among the topics considered are: the history of the social justice movement the role of the professional in working with community groups methods of dealing with environmental problems at the international level participatory national policy for environmental education, energy, industrial development, and housing and sustainable development.
Contributors include Robert Bullard, Deeohn Ferris, Tom B.K. Goldtooth, David Hahn-Baker, Beverly Wright, Ivette Perfecto, Patrick West, and others.
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