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Escaping The Snowstorm: Legal Rights And Economics In The Developing World, Zane Tolchinsky

CMC Senior Theses

In this thesis, I seek to provide a framework for developing nations making policy-decisions about legal rights, as in the realm of Rawlsian ideal theory, prescriptions for governments not living in conditions of moderate scarcity is lacking. I first springboard off Stephen Holmes and Cass R. Sunstein’s conclusion that “all legal rights are positive,” from their book, The Cost of Rights, to argue for the value of considering the economic implications of rights protections. I then propose that Holmes and Sunstein’s conclusion means that we can think of legal rights as goods to be purchased by governments. Next, I …