Screen LibraryThe exchange order : property and liability as an economic system /
"There are three basic institutional systems for governing the exchange of property. One is consensual: the exchange of property rights in ordinary markets. The other two, however, are nonconsensual: the involuntary exchange of entitlements in either civil or criminal liability cases. In The Ex...
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| Main Authors: | |
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| Published: |
Oxford University Press,
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| Publisher Address: | New York, NY : |
| Publication Dates: | [2017] |
| Literature type: | Book |
| Language: | English |
| Subjects: | |
| Summary: |
"There are three basic institutional systems for governing the exchange of property. One is consensual: the exchange of property rights in ordinary markets. The other two, however, are nonconsensual: the involuntary exchange of entitlements in either civil or criminal liability cases. In The Exchange Order, Richard Adelstein argues that while markets, torts, and criminal justice are ostensibly different constellations of institutions, organizations and individuals, they are remarkably alike. Each governs a particular kind of exchange through a distinctive set of institutions, rules and proce "The criminal law prohibits certain acts, like theft or assault, so one might suppose that the law's objective is to deter as many such crimes as possible. One way to do this would be to make the punishment for every crime as severe as possible, so awful that almost no one would think the crime worth committing in the face of the punishment. But no real system of criminal justice does this. Instead, punishments are set to "fit the crime," to impose on every offender a punishment that matches the harm the offense has done. This won't deter all crimes, but only those that aren't "worth it" to |
| Carrier Form: | xxiv, 264 pages ; 25 cm |
| Bibliography: | Includes bibliographical references (pages [245]-249) and index. |
| ISBN: |
9780190694272 0190694270 |
| Index Number: | K5215 |
| CLC: | D913.2 |
| Call Number: | D913.2/A231 |
| Contents: | Introduction: Governing exchange -- Part I. Property. 1. Property and exchange -- 2. Exchange and efficiency -- 3. Property and utility -- 4. Property and technology -- Part II. Liability. 5. Externality -- 6. Tort liability -- 7. To encourage the others -- 8. Criminal liability -- 9. Crime and punishment -- 10. Trials and bargains -- Afterword: The exchange order. |