Results by title

On December 5, 2004, the still-developing blogosphere took one of its biggest steps toward mainstream credibility, as Nobel Prize–winning economist Gary S. Becker and renowned jurist and legal scholar Richard A. Posner announced the formation of the Becker-Posner Blog.

In no time, the blog had established a wide readership and reputation as a reliable source of lively, thought-provoking commentary on current events, its pithy and profound weekly essays highlighting the value of economic reasoning when applied to unexpected topics. Uncommon Sense gathers the most important and innovative entries from the blog, arranged by topic, along with updates and even reconsiderations when subsequent events have shed new light on a question. Whether it’s Posner making the economic case for the legalization of gay marriage, Becker arguing in favor of the sale of human organs for transplant, or even the pair of scholars vigorously disagreeing about the utility of collective punishment, the writing is always clear, the interplay energetic, and the resulting discussion deeply informed and intellectually substantial.

To have a single thinker of the stature of a Becker or Posner addressing questions of this nature would make for fascinating reading; to have both, writing and responding to each other, is an exceptionally rare treat. With Uncommon Sense, they invite the adventurous reader to join them on a whirlwind intellectual journey. All they ask is that you leave your preconceptions behind.

Hackney demonstrates how legal-economic thought has been affected by the prevailing philosophical ideas about objectivity, which have in turn evolved in response to groundbreaking scientific discoveries. Thus Hackney’s narrative is a history not only of law and economics but also of select strands of philosophy and science. He traces forward from the seventeenth-century the interaction of legal thinking and economic analysis with ideas about the attainability of certitude. The principal legal-economic theories Hackney examines are those that emerged from classical legal thought, legal realism, law and neoclassical economics, and critical legal studies. He links these theories respectively to formalism, pragmatism, the analytic turn, and neopragmatism/postmodernism, and he explains how each of these schools of philosophical thought was influenced by specific scientific discoveries: Newtonian physics, Darwin’s theory of evolution, Einstein’s theories of relativity, and quantum mechanics. Under Cover of Science challenges claims that the contemporary law and economics movement is an objective endeavor by historicizing ideas about certitude and empiricism and their relation to legal-economic thought.

In recent years critics have assailed the cost, inefficiency, and unfairness of American tort law, including products liability and medical malpractice. Yet victims of accidental injury who look to the tort system for deserved compensation often find it a formidable obstacle. Those who seek to reform tort law find legislatures, particularly the United States Congress, paralyzed by the clash of powerful special interest groups.

Understanding Enterprise Liability sheds new light on the raging tort reform debate by challenging its fundamental assumptions. Offering historical insights and fresh perspectives on the politics and possibilities for sensible reform, Virginia Nolan and Edmund Ursin pragmatically assess alternative routes to a workable, balanced, and equitable system of compensation for personal injury. They offer a specific proposal, based on the precedent of strict products liability that incorporates the insights of no-fault compensation plan scholarship to create an enterprise liability doctrine that should appeal to courts and to tort reformers.

Partly because its colonial settlements were tiny, remote, and inconsequential, the early history of Arkansas has been almost entirely neglected. Even Arkansas Post, the principal eighteenth-century settlement, served mainly as a temporary place of residence for trappers and voyageurs. It was also an entrepot for travelers on the Mississippi—a place to be while on the way elsewhere. Only a very few inhabitants, true agricultural settlers, ever established themselves a or around the Post.

For most of the eighteenth century, Arkansas’s non-Indian population was less than one hundred, and never much exceeded five or six hundred. Its European residents of that era, mostly French, have left virtually no physical trace: the oldest buildings and the oldest marked graves in the state date from the 1820s. Drawing on original French and Spanish archival sources, Morris Arnold chronicles for the first time the legal institutions of colonial Arkansas, the attitude of its population towards European legal ideas as were current in Arkansas when Louisiana was transferred to the United States in 1803. Because he views the clash of legal traditions in the upper reaches of the Jefferson’s Louisiana as part of a more general cultural conflict, Arnold closely examines the social and economic characteristics of Arkansas’s early residents in order to explain why, following the American takeover, the common law was introduced into Arkansas with such relative ease.

Betsy Wood examines the evolution of ideas about child labor and the on-the-ground politics of the issue against the backdrop of broad developments related to slavery and emancipation, industrial capitalism, moral and social reform, and American politics and religion. Wood explains how the decades-long battle over child labor created enduring political and ideological divisions within capitalist society that divided the gatekeepers of modernity from the cultural warriors who opposed them. Tracing the ideological origins and the politics of the child labor battle over the course of eighty years, this book tells the story of how child labor debates bequeathed an enduring legacy of sectionalist conflict to modern American capitalist society.

Contributors. Elizabeth Huttman, Michal Arend, Cihan Arin, Maurice Blanc, Wim Blauw, Ger Mik, Clyde McDaniels, Jürgen Friedrichs, Hannes Alpheis, John M. Goering, Len Gordon, Albert Mayer, Rosemary Helper, Barry V. Johnston, Terry Jones, Valerie Karn, Göran Lindberg, Anna Lisa Lindén, Deborah Phillips, Dennis Keating, Juliet Saltman, Alan Murie