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Post-Realist Law And Development: Amartya Sen's Critical Theory Of Values, Samuel Maverick Bayard
Post-Realist Law And Development: Amartya Sen's Critical Theory Of Values, Samuel Maverick Bayard
Archived Theses and Dissertations
This thesis asks whether Amartya Sen's idea of "development as freedom" is inconsistent with certain theoretical insights of American legal realism. Specifically, it examines whether Sen's apparent optimism with respect to free markets is undermined by Robert Hale's arguments about the ubiquity of coercion in economic relations and law's implication in the distribution of resources and power in society. It also asks whether taking the expansion of "freedom" as the object of development ignores the Hohfeldian insight that designing particular legal rules is a legislative act that creates winners and losers and is the site of political struggle and conflicting …