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Reply To: | Academy of Legal Studies in Business (ALSB) Talk |
Date: | Thu, 8 Sep 2005 10:00:08 -0400 |
Content-Type: | text/plain |
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I offer a goal or objective for Pam's legal environment
course that seems especially important to teach for a
business school discipline:
"Law is a (perhaps, the) foundation for material and
financial wealth creation in the economies of modern
nations."
For those interested, I recommend a series of three articles
I've written , which you may find at 38 ABLJ 441, 41 ABLJ
459, and 36 Vand. J. Transnat'l L. 673. Achieving the stated
objective in my course does not detract from teaching the
rules of various legal subjects, but rather it unifies the
various subject areas and provides a testable theoretical
justification for teaching legal studies in business
schools. Very briefly, I make my claim concerning the
importance of law on the following basis:
1. In political theory from both common and civil law
traditions, the state comes into existence to protect
private "property," understood to be an entirely legal right
to exclude others from some limited resource. According to
Madison's account, no fewer than five members of the U.S.
Contitutional Convention stated that the purpose of the
state was to protect what is privately proper to people, and
the proposition is not historically controversial.
2 Private exclusionary right is at the center of so-called
Western legal systems. Other areas of law radiate from
property like the spokes from a wheel. Contract law concerns
how owners exchange their private resources in a property-
based legal system. Tort law concerns the limitations on
private resource use in a property-based legal system, i.e.,
it identifies when property boundaries have been crossed
("trespass is the fertile mother of actions") and
establishes compensation for injuries resulting from such
crossing.
3.Material and financial wealth is generated by a legal
framework of private exclusionary right, probably because--
as economists have always asserted--we humans are self-(and
family-)interested by nature. What many economists still
arn't entirely aware of is that the private market in the
modern nation absolutely requires an adequately enforced
private property legal system in order to function properly.
One economist who does grasp this is Alan Greenspan, who has
asserted repeatedly that property (and contract) are
necessary to help emerging economies produce wealth in a
private market.
4. All nations recognize some applications of private
property law, but not all nations apply it in the same way.
A great many nations also lack working legal enforcement
institutions. The controversial part of private property is
whether or not a nation applies private property to
productive activities. Since many studies associate private
property with high GNP, it would seem that a nation would
want to apply strong property law to whatever it wants to
produce more of.
5. Property is a legal concept and has neither a
conservative nor a liberal political agendum in itself. It
may be applied to produce more widgets or more clean air and
personal safety, depending on what society wants to produce
more of. The trick is to recognize and analyze where the
property is.
How does it not work in the best inteerest of our discipline
to teach the importance of law in this
fashion?
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