Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.

Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.

Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations. The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of ‘justice’ behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals. With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution 4.0 International license and funded by Polish Academy of Sciences, Institute of Law Studies.

Fifty years after the famous essay “The Problem of Social Cost” (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the Brundtland Report (1987), which extended the concept of sustainability from forestry to the whole of the economy and society. According to this report, development is sustainable when it “meets the needs of the present without compromising the ability of future generations to meet their own needs”. A key requirement of sustainable development is justice to future generations. It is still a matter of fact that the law as well as the theories of justice are generally restricted to the resolution of conflicts between contemporaries and between people living in the same country. This in turn raises a number of questions: what is the philosophical justification for intergenerational justice? What bearing does sustainability have on the efficiency principle? How do we put a policy of sustainability into practice, and what is the role of the law in doing so? The present volume is devoted to these questions. In Part One, “Law and Economics”, the role of economic analysis and efficiency in law is examined more closely. Part Two, “Law and Sustainability”, engages with the themes of sustainable development and justice to future generations. Finally, Part Three, “Law, Economics and Sustainability”, addresses the interrelationships between the different aspects.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.

Activists can ask uncomfortable questions when they step back and examine their lives such as: “Will burnout destroy me as an effective advocate?" and, "How can I change the world when I’m too tired to change my socks?” We face messy, contradictory intersections where we must regain our balance and somehow take care of ourselves in the midst of struggling for a better world. Sustaining Spirit: Self-Care for Social Justice, Second Edition is a necessary companion during challenging times. "It's a must read..." - Adela Nieves, Traditional Health Practitioner, Taino (Indigenous Peoples of the Caribbean) We must speak out, take action, make a difference—yet can we remain passionate about a cause without being consumed by it? What habits can we cultivate to feel compassion for ourselves as well as others? Why does a willingness to self-nurture evoke such discomfort? Now the distinctive voice of social change activist Naomi Ortiz offers powerful, thoughtful, transformative insight into self-care. They weave personal experiences in class, race, and disability advocacy, into informative advice on dealing with the risks of burnout. Ortiz brings wisdom drawn from a deep connection to the Sonoran Desert to guide us to live more wholehearted lives. The power of belonging is a catalyst that resonates throughout these stories. Ortiz offers self-care techniques, tips, and tactics for those who would affect the world. Caring about the world should not burn us out. From interviews with social justice organizers involved in a variety of movements, as well as from their own activist efforts, Ortiz shows how to break the cycle of burnout. Sustaining Spirit shows us how to balance activism with self-care. A gorgeously moving and practical guide, each chapter ends with questions intended to lead the reader to self-awareness and the development of personalized tactics. This book is recommended for therapists, counselors, social workers, chaplains, educators, and people in related fields, in addition to the activists that it addresses itself to directly. Part guide and part workbook, readers will find support in these pages for their self-care journey. "Activists from every movement can gain strength from Sustaining Spirit." - Alice Wong, Founder, Disability Visibility Project(TM) Sustaining Spirit includes wisdom from over 30 leader interviewees, representing different organizing efforts, such as (at the time writing): adrienne maree brown (author of Emergent Strategy) Cristy Chung (Move to End Violence) Debra Erenberg (Amnesty International) Adam Maltby (social worker) Adi Afek (reproductive justice activist) Emma Fialka-Feldman (inclusion educator) Hillary Jorgensen (Colorado Progressive Coalition) Janice Felka, (author, What Matters: Reflections on Disability, Community and Love) Jennifer Thomas (Institute for Educational Leadership) Kellie Haigh (MSW, Disability activist) Kim Borowicz (Independent Living Research Utilization) Lisa Hoffman (international human rights activist) Melinda Haus (Justice Moves) Micah Fialka-Feldman (Through the Same Door) Rachel Scoggins (artist, educator) Rahnee Patrick (ADAPT and Access Living, Chicago) Rich Feldman (James and Grace Lee Boggs Center) Sarah Triano (Disability rights activist) "A guide book for activists and leaders in social justice movements." - Erin Blanding, WE.org

Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.

This book presents an original theory of the just price, and it is a welcome addition to scholarship on a radically underdeveloped field. This work reassesses the age-old idea that there is a just price of things, one that goes beyond the Scholastic tradition of the just price and its exclusive concern with commutative justice. There is more to just price theory than the concern for keeping equality of value between goods exchanged. Modern concerns over efficiency, autonomy, and distributive justice, can also find a place within a theory of the just price. The book: - Presents a new approach to just price theory through a broad analysis of different values and the incorporation of those conceptions into a wider normative framework - Argues that these different values ground varied conceptions of the just price, and - Promotes a virtue-based approach to price justification as an adequate framework for meeting the challenges that stem from each conception Perfect for scholars and students in the fields of jurisprudence, philosophy of private law, contract law, and political theory, this book makes a significant contribution to legal theory and the emerging field of the philosophy of economics.