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rule of law

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Journal Article
History of Political Economy (2021) 53 (3): 479–495.
Published: 01 June 2021
... the rethinking of the natural law foundations of the discipline. Understanding the political philosophical underpinnings of universal Cameral sciences, as they were formulated using the language of natural law, enables a new interpretation of the history of Cameralism. The shift from duties based on natural law...
Journal Article
History of Political Economy (2025) 57 (1): 79–106.
Published: 01 February 2025
.... In subsequent editions, the simple, ecological model gives way to a sophisticated general model of a commercial society with property rights, the rule of law, marriage laws similar to those of the British Christian tradition, and expanded markets. The result was not the “dismal” prognostication that Malthus...
FIGURES
Journal Article
History of Political Economy (2022) 54 (1): 37–73.
Published: 01 February 2022
... and Eco- nomic Order, 90 106. Chicago: University of Chicago Press. Hayek, Friedrich A. 1978. Rules and Order. Vol. 1 of Law, Legislation, and Liberty. Chicago: University of Chicago Press Hayek, Friedrich A. 1980. Individualism and Economic Order. Chicago: University of Chicago Press. Hildenbrand, Werner...
Journal Article
History of Political Economy (2016) 48 (1): 111–150.
Published: 01 March 2016
... of the price mechanism as an emergent property of the social system that is formed when people's (inter)actions are governed by a set of norms that includes both the formal rules of property and tort and contract law, and also informal norms of honesty and promise keeping. However, while several scholars have...
Journal Article
History of Political Economy (2005) 37 (2): 219–226.
Published: 01 June 2005
... or not this opposition to mercantilism is extended to oppose other forms of govern- ment “activism.” The answer is, quite clearly, “no.” The interpretive problem arises in part because Smith has a tripar- tite model of society comprised of three modes of social control: moral rules, law, and the market. Each works...
Journal Article
History of Political Economy (2005) 37 (Suppl_1): 393–423.
Published: 01 December 2005
...: An Interpretive Essay. Journal des Economistes et des Etudes Humaines 9.2-3 : 279 -90. ____. 2001 . Some Problems in the Use of Language in Economics. Review of Political Economy 13.1 : 91 -100. ____. 2002 . The Rule of Law and the Capture and Use of Government in a World of Inequality...
Journal Article
History of Political Economy (2003) 35 (1): 21–48.
Published: 01 March 2003
... to be vir- tuous. In other words, since laws are general rules, laws are required, because the way to overcome systematic biases, at the individual as well as at the social level, is to rely on general (moral) rules. To see the importance of general moral rules in dealing with system- atic biases we...
Journal Article
History of Political Economy (2005) 37 (Suppl_1): 91–119.
Published: 01 December 2005
... of this. First, there is a definite role for discovering and implementing rules, laws, or general policy purely from a utilitarian perspective if they 104 Jeffrey T. Young can be shown to truly promote the good of the whole. Second, those in governmental authority should exhibit that sort of public spirit...
Journal Article
History of Political Economy (1998) 30 (Supplement): 202–224.
Published: 01 December 1998
... of legal rules (Duxbury 1995; Mercuro and Medema 1997). However, the push for greater interaction between law and econom- ics was not confined to the legal community. Economists, sometimes hand in hand with the realists and sometimes apart from them, increas- ingly recognized the need for integrating...
Journal Article
History of Political Economy (1989) 21 (2): 367–390.
Published: 01 June 1989
... is rich, and in times of trouble its armies are strong. These are what are called the resources of the ruler. The ruler must store them up.”I2 As a means of achieving this end, Han Feitzu proposed a system of the rule of law: “[Wlhen governing the state [the Sage] rectifies laws clearly...
Journal Article
History of Political Economy (1991) 23 (4): 587–612.
Published: 01 November 1991
... considered to be the three fun- damental laws of nature. Each consists of a rule or convention that emerges spontaneously in the hypothetical state of nature in response to man’s ef- forts to better his economic condition. In the course of time, the govern- ment (which itself arises from human...
Journal Article
History of Political Economy (1980) 12 (4): 558–581.
Published: 01 November 1980
... Development of a body of law capable of supporting a free market in land was an important part of the history of the freehold. It was re- quired that the common law simplify rules under which land could be transferred and valid transfers given. Among the customs especially in need of revision...
Journal Article
History of Political Economy (2011) 43 (2): 353–360.
Published: 01 June 2011
... argued that “law” includes “the baldest form of mutual agreement among the savages” (146), and thus he anticipated the modern discourse on the use of informal rules and group social norms to manage property-rights systems. These early legal theorists, Bentham and Blackstone, both conceived...
Journal Article
History of Political Economy (1997) 29 (suppl_1): 122–142.
Published: 01 January 1997
... under alternative legal rules. That is, in a world of zero transaction costs, the direction of rights does not matter, only their pres­ ence or absence; the structure of law is without effect on the allocation of resources. The Coase Theorem is at once both remarkable and remark­ ably...
Journal Article
History of Political Economy (1987) 19 (1): 23–45.
Published: 01 March 1987
.... At the heart of Talmudic literature is the collection of rules called the Mishna (literally, ‘repetition These evolved out of court decisions and academy opinions formulated. from about the middle of the second cen- tury RC onwards. in response to the need to adapt aid expand the Mosaic law...
Journal Article
History of Political Economy (2010) 42 (2): 267–295.
Published: 01 June 2010
... History of Political Economy 42:2 (2010) judicial gloss on the law, and help to create the very rules that govern their economic relationships. For this reason, and disregarding some relevant differences between the two theoretical frameworks, Williamson (1975, 3, 254) concluded that “his general...
Journal Article
History of Political Economy (1987) 19 (4): 639–646.
Published: 01 November 1987
...: 642 History of Political Economy 19:4 (1987) Society was ruled by customary law that had grown rather than been made, and was not thought subject to substantial change. The need was for conformity in conduct and beliefs; this called in practice for obedience to an interpreting...
Journal Article
History of Political Economy (1976) 8 (4): 515–539.
Published: 01 November 1976
... the coercion of government. Coercion was to be confined to the substantive general rule of law. Such a rule, with the aid of the principle of separation of powers, keeps all parties, including govc~mmentsand iegislatures, under the law. Rawls’ second principle suffers in the Smithian scheme...
Journal Article
History of Political Economy (1982) 14 (2): 260–283.
Published: 01 June 1982
... of this and the canon law rule derived from the Di- gest is evident.28 It enabled the medieval economists to discuss the is- sue raised by the civilians in an Aristotelian setting. When it came to clarifying this, Aristotle provided the concept of conditional consent. These elements are drawn together...
Journal Article
History of Political Economy (2010) 42 (3): 495–519.
Published: 01 September 2010
... to understanding the deep meaning of the just price. 2.1. Natural Law Thomas Aquinas, following Aristotle, defined natural law as a body of rules set by nature in animals. Aquinas, explaining some examples, broad- ened the meaning by identifying natural law as the rules (do not kill, do not steal, etc...