In Search of the Market's Moral Limits: Liberalism, Perfectionism, and "The Bad Man" in Christian Perspective
In a world of but few moral verities, Judge Richard Posner and others pursuing the economic approach to law have introduced a normative principle into discussions of law and policy that receives very wide currency. They propose that society should always sanction market exchanges, as a means of maxi...
| Published in: | Journal of law and religion |
|---|---|
| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
|
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Cambridge Univ. Press
1994
|
| In: |
Journal of law and religion
|
| Online Access: |
Presumably Free Access Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | In a world of but few moral verities, Judge Richard Posner and others pursuing the economic approach to law have introduced a normative principle into discussions of law and policy that receives very wide currency. They propose that society should always sanction market exchanges, as a means of maximizing wealth, unless some exceptional normative commitment on society's part requires otherwise. Where the principle reigns, nonmarket values are treated as restrictions on individual autonomy requiring special justification.As a consequence, the justifiability of restricting market freedom becomes a standard mode of framing normative issues. Disagreements about values are formulated as disputes over whether contracts should be enforced. Arguments are made for and against enforcing contracts for the purchase and sale of votes, the intervivos transfer of eyes or kidneys, addictive recreational drugs, enslavement or prostitution, and environmental purity. |
|---|---|
| ISSN: | 2163-3088 |
| Contains: | Enthalten in: Journal of law and religion
|
| Persistent identifiers: | DOI: 10.2307/1051379 |