| This thesis, Explorations in Law and Economics from a Rights Perspective, draws on the disciplines of economics, law and political philosophy to analyze the Law & Economics movement. But whereas the vast majority of work that has been done in the Law & Economics area has taken a utilitarian approach--the greatest good for the greatest number--this thesis incorporates insights from the rights perspective as well. The thesis is in two parts. Part One consists of three chapters and examines three areas of economic regulation. Chapter One examines insider trading, first from a utilitarian perspective and then from a property rights and civil liberties perspective. Chapter Two examines the theory, practice and regulation of acquisitions and mergers, first from a utilitarian viewpoint, and then from a property and contract rights perspective. Chapter Three examines the trade deficit mentality and points out some of the technical and philosophical flaws in the view that trade deficits are bad.; Part Two examines three areas that pit the individual against the state. Chapter Four examines the question of whether tax evasion is unethical. Chapter Five addresses the theory of secession. This chapter examines the arguments for and against the right to secede, and discusses the views of Kendall and Louw, two South African theorists. Chapter Six examines the sport of dwarf tossing from a utilitarian and property rights perspective. The thesis concludes that the utilitarian approach to the examination of Law & Economics issues, although important, is defective, and that any analysis of law and economics is incomplete without incorporation of rights theory. |
