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Social and Behavioral Sciences

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SelectedWorks

2015

Law and Society

Articles 1 - 6 of 6

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Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio Sep 2015

Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio

Giancarlo Francesco Frosio

In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British …


Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel Sep 2015

Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel

Nehal A. Patel

One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought …


Confronting The Internet's Dark Side: Moral And Social Responsibility On The Free Highway, Raphael Cohen-Almagor Jul 2015

Confronting The Internet's Dark Side: Moral And Social Responsibility On The Free Highway, Raphael Cohen-Almagor

raphael cohen-almagor

This book focuses on the tension between Free Speech fundamentalism and Social Responsibility at the individual, corporate, and nation-state level. It brings an international perspective to the central topics (child pornography, hate speech, suicidal and homicidal enablers, cybercrime and terrorism). The central philosophical argument of this book is the Promotional Approach, which the author sees as a kind of Golden Mean between Ronald Dworkin and Joseph Raz. The book utilizes the Aristotelian doctrine of the mean to endorse the kind of practical wisdom required to make choices between freedom and security, unlimited license and moral responsibility. It argues that this …


Through The Lens Of Innovation, Mirit Eyal-Cohen Feb 2015

Through The Lens Of Innovation, Mirit Eyal-Cohen

Mirit Eyal-Cohen

The legal system constantly follows the footsteps of innovation and attempts to discourage its migration overseas. Yet, present legal rules that inform and explain entrepreneurial circumstances lack a core understanding of the concept of innovation. By its nature, law imposes order. It provides rules, remedies, and classifications that direct behavior in a consistent manner. Innovation turns on the contrary. It entails making creative judgments about the unknown. It involves adapting to disarray. It thrives on deviations as opposed to traditional causation. This Article argues that these differences matter. It demonstrates that current laws lock entrepreneurs into inefficient legal routes. Using …


Lessons In Fiscal Activism, Mirit Eyal-Cohen Feb 2015

Lessons In Fiscal Activism, Mirit Eyal-Cohen

Mirit Eyal-Cohen

This article highlights an anomaly. It shows that two tax rules aimed to achieve a similar goal were introduced at the same time. Both meant to be temporary and bring economic stimuli but received a dramatically different treatment. The economically inferior rule survived while its superior counterpart did not. The article reviews the reasons for this paradox. It shows that the causes are both political and an agency problem. The article not only enriches an important and ongoing debate that has received much attention in recent years, but also provides important lessons to policymakers.


Addressing Prescription Opioid Abuse Concerns In Context: Synchronizing Policy Solutions To Multiple Public Health Problems, Kelly Dineen Jan 2015

Addressing Prescription Opioid Abuse Concerns In Context: Synchronizing Policy Solutions To Multiple Public Health Problems, Kelly Dineen

Kelly Dineen

No abstract provided.