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'Constant revolutionizing of production, uninterrupted disturbance of all social conditions, everlasting uncertainity and agitation distinquish the bourgeois epoch from all earlier ones ... All that is solid melts into air, all that is holy is profaned.' Marx

law & norms « Previous | |Next »
August 20, 2006

Liberalism holds that that public law seeks to regulate behavior when self-interest does not produce the right results as measured by efficiency or fairness. Thus libertarian economists holds that, if people behave well without regulation, law is superfluous and just creates extra costs and inefficiencies. The rule of law matters
primarily to the constrain those self-interested economic agents who only care only about the utilitarian consequences of their actions.

Consequently, if one's life is not the law's business, then it also is nobody else's business. Communitarians argue that this account misses out on norms (shame, stigma, responsibility) conventions, implicit bargains that organize social expectations, regulate everyday behavior, and manage interpersonal conflicts.

| Posted by Gary Sauer-Thompson at 11:48 PM | | Comments (0)
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