The Dignity of Commerce


Book Description

The Dignity of Commerce is a rigorous and novel exploration of moral justification of contract law through how it fosters well-functioning markets. Nathan B. Oman demonstrates how contract law deals overwhelmingly with the matters of commercial exchange, and how commerce in turn breeds habits of mind, or virtues, that support a liberal society. He also shows how markets provide a framework for peaceful cooperation across the fault lines of race, culture, religion, and politics that outdo even democratic political institutions. The Dignity of Commerce is ambitious in its aims and its conclusions and the implications are powerful. It is sure to elicit a serious discussion at the very heart of one of the most central areas of legal studies, and Nathan B. Oman has provided a clear, engaging, and comprehensive vehicle to get the discussion started.




Bourgeois Dignity


Book Description

The big economic story of our times is not the Great Recession. It is how China and India began to embrace neoliberal ideas of economics and attributed a sense of dignity and liberty to the bourgeoisie they had denied for so long. The result was an explosion in economic growth and proof that economic change depends less on foreign trade, investment, or material causes, and a whole lot more on ideas and what people believe. Or so says Deirdre N. McCloskey in Bourgeois Dignity, a fiercely contrarian history that wages a similar argument about economics in the West. Here she turns her attention to seventeenth- and eighteenth-century Europe to reconsider the birth of the industrial revolution and the rise of capitalism. According to McCloskey, our modern world was not the product of new markets and innovations, but rather the result of shifting opinions about them. During this time, talk of private property, commerce, and even the bourgeoisie itself radically altered, becoming far more approving and flying in the face of prejudices several millennia old. The wealth of nations, then, didn’t grow so dramatically because of economic factors: it grew because rhetoric about markets and free enterprise finally became enthusiastic and encouraging of their inherent dignity. An utterly fascinating sequel to her critically acclaimed book The Bourgeois Virtues, Bourgeois Dignity is a feast of intellectual riches from one of our most spirited and ambitious historians—a work that will forever change our understanding of how the power of persuasion shapes our economic lives.




The Right of Redress


Book Description

The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.




The Bourgeois Virtues


Book Description

For a century and a half, the artists and intellectuals of Europe have scorned the bourgeoisie. And for a millennium and a half, the philosophers and theologians of Europe have scorned the marketplace. The bourgeois life, capitalism, Mencken’s “booboisie” and David Brooks’s “bobos”—all have been, and still are, framed as being responsible for everything from financial to moral poverty, world wars, and spiritual desuetude. Countering these centuries of assumptions and unexamined thinking is Deirdre McCloskey’s The Bourgeois Virtues, a magnum opus that offers a radical view: capitalism is good for us. McCloskey’s sweeping, charming, and even humorous survey of ethical thought and economic realities—from Plato to Barbara Ehrenreich—overturns every assumption we have about being bourgeois. Can you be virtuous and bourgeois? Do markets improve ethics? Has capitalism made us better as well as richer? Yes, yes, and yes, argues McCloskey, who takes on centuries of capitalism’s critics with her erudition and sheer scope of knowledge. Applying a new tradition of “virtue ethics” to our lives in modern economies, she affirms American capitalism without ignoring its faults and celebrates the bourgeois lives we actually live, without supposing that they must be lives without ethical foundations. High Noon, Kant, Bill Murray, the modern novel, van Gogh, and of course economics and the economy all come into play in a book that can only be described as a monumental project and a life’s work. The Bourgeois Virtues is nothing less than a dazzling reinterpretation of Western intellectual history, a dead-serious reply to the critics of capitalism—and a surprising page-turner.




The Dignity of Commerce


Book Description

Why should the law care about enforcing contracts? We tend to think of a contract as the legal embodiment of a moral obligation to keep a promise. When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction. The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.




Capitalism and Commerce


Book Description

In Capitalism and Commerce, Edward Younkins provides a clear and accessible introduction to the best moral and economic arguments for capitalism. Drawn from over a decade of business school teaching, Younkins's work offers the student of political economy and the educated layperson a clear, systematic treatment of the philosophical concepts that underpin the idea of capitalism and the business, legal, and political institutions that impact commercial enterprises. Divided into seven parts, the work discusses capitalism and morality; individuals, communities, and the role of the state; private and corporate ownership; entrepreneurship and technological progress; law, justice, and corporate governance; and the obstacles to a free market and limited government.




The Dignity of Labour


Book Description

Does work give our lives purpose, meaning and status? Or is it a tedious necessity that will soon be abolished by automation, leaving humans free to enjoy a life of leisure and basic income? In this erudite and highly readable book, Jon Cruddas MP argues that it is imperative that the Left rejects the siren call of technological determinism and roots it politics firmly in the workplace. Drawing from his experience of his own Dagenham and Rainham constituency, he examines the history of Marxist and social democratic thinking about work in order to critique the fatalism of both Blairism and radical left techno-utopianism, which, he contends, have more in common than either would like to admit. He argues that, especially in the context of COVID-19, socialists must embrace an ethical socialist politics based on the dignity and agency of the labour interest. This timely book is a brilliant intervention in the highly contentious debate on the future of work, as well as an ambitious account of how the left must rediscover its animating purpose or risk irrelevance.




The Romance of Commerce


Book Description




What is Wrong with the First Amendment?


Book Description

This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.




Honorable Business


Book Description

Business has a bad name for many people. It is easy to point to unethical and damaging behavior by companies. And it may seem straightforward to blame either indivuduals or, more generally, ruthless markets and amoral commercial society. In Honorable Business, James R. Otteson argues that business activity can be valuable in itself. The primary purpose of honorable businesses is to create value-for all parties. They look for mutually voluntary and mutually beneficial transactions, so that all sides of any exchange benefit, leading to increasing prosperity not just for one person or for one group at the expense of others but simultaneously for everyone involved. Done correctly, honorable business is a positive-sum activity that can enable flourishing for individuals and prosperity for society. Otteson connects honorable business with the political, economic, and cultural institutions that contribute to a just and humane society. He builds on Aristotle's conception of human beings as purposive creatures who are capable of constructing a plan for their lives that gives them a chance of achieving the highest good for humanity, focusing on autonomy and accountability, as well as good moral judgment. This good judgment can enable us to answer the why of what we do, not just the how. He also draws on Adam Smith's moral philosophy and political economy, and argues that Smithian institutions have played a significant role in the remarkable increase in worldwide prosperity we have seen over the last two hundred years. Otteson offers a pragmatic Code of Business Ethics, linked to a specific conception of professionalism, and defends this Code on the basis of a moral mandate to use one's limited resources of time, talent, and treasure to provide value for oneself only by simultaneously providing value to others. The result is well-articulated parameters within which business can be an acceptable-perhaps even praiseworthy-activity.