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The Problem of Liability Rules: The Failings of Wealth Maximization as a Normative Ideal

Eric Rakowski

in Equal Justice

Published in print:
1993
Published Online:
October 2011
ISBN:
9780198240792
eISBN:
9780191680274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198240792.003.0009
Subject:
Philosophy, Political Philosophy

This chapter explores a coherent, appealing theory of tort law by examining the most influential account of the normative foundations of wealth maximization, that of Richard Posner. This chapter's ... More


Preservation of the Estate, Maximization of Value, and Facilitation of Rescues

Irit Mevorach

in Insolvency within Multinational Enterprise Groups

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199544721
eISBN:
9780191705564
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199544721.003.0007
Subject:
Law, Company and Commercial Law

This chapter focuses on the administration of MEG insolvencies and examines ‘linking tools’ which could enhance preservation of the estate, wealth maximization and rescues. It asks to what extent and ... More


Wealth Maximization and Tort Law: A Philosophical Inquiry

RICHARD A. POSNER

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0005
Subject:
Law, Philosophy of Law

This chapter examines the philosophical version of the argument that wealth maximisation is the best positive and normative guide to tort law. ‘Wealth maximisation’ means the policy of trying to ... More


Explaining Value

Gilbert Harman

in Explaining Value: and Other Essays in Moral Philosophy

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198238041
eISBN:
9780191597626
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198238045.003.0012
Subject:
Philosophy, Moral Philosophy

Discusses ways in which people's moral values might be explained, starting with Hume's account of our different attitudes toward chastity in men and in women, Hume's somewhat utilitarian explanation ... More


Reducing Shareholders' Power to Control Managers

Mark J. Joe

in Political Determinants of Corporate Governance: Political Context, Corporate Impact

Published in print:
2006
Published Online:
October 2011
ISBN:
9780199205301
eISBN:
9780191695612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199205301.003.0006
Subject:
Business and Management, Corporate Governance and Accountability, Business History

This chapter discusses reductions of shareholders' power to control managers. When the gap separating managers from shareholders is small, some of the tools that can be employed to exert power may ... More


Afterword What Has Philosophy to Learn from Tort Law?

BERNARD WILLIAMS

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0022
Subject:
Law, Philosophy of Law

Philosophy might learn from tort law the difference between practical reality and philosophical frivolity. J. L. Austin was disposed to give that answer. Austin said that it was common sense or, ... More


What Do Laboratory Experiments Measuring Social Preferences Reveal About the Real World?

Steven D. Levitt and John A. List

in Handbook of Experimental Economic Methodology

Published in print:
2015
Published Online:
March 2015
ISBN:
9780195328325
eISBN:
9780190202187
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328325.003.0015
Subject:
Economics and Finance, Behavioural Economics

The chapter starts by presenting a simple model in which utility maximization is influenced not only by wealth-maximization, but also by an individual's desire to make the right moral choice. It then ... More


The Demand for Consumer Credit

Thomas A. Durkin, Gregory Elliehausen, Michael E. Staten, and Todd J. Zywicki

in Consumer Credit and the American Economy

Published in print:
2014
Published Online:
August 2014
ISBN:
9780195169928
eISBN:
9780199384976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195169928.003.0003
Subject:
Economics and Finance, Microeconomics

This chapter examines neoclassical theory of credit demand, which suggests that there are many conditions in which employing consumer credit increases both amount and satisfaction with consumption, ... More


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