Too many laws, too many lawyers--that's the necessary consequence
of a complex society, or so conventional wisdom has it. Countless
pundits insist that any call for legal simplification smacks of
nostalgia, sentimentality, or naivete. But the conventional view,
the noted legal scholar Richard Epstein tells us, has it exactly
backward. The richer texture of modern society allows for more
individual freedom and choice. And it allows us to organize a
comprehensive legal order capable of meeting the technological and
social challenges of today on the basis of just six core
principles. In this book, Epstein demonstrates how.
The first four rules, which regulate human interactions in
ordinary social life, concern the autonomy of the individual,
property, contract, and tort. Taken together these rules establish
and protect consistent entitlements over all resources, both human
and natural. These rules are backstopped by two more rules that
permit forced exchanges on payment of just compensation when
private or public necessity so dictates. Epstein then uses these
six building blocks to clarify many intractable problems in the
modern legal landscape. His discussion of employment contracts
explains the hidden virtues of contracts at will and exposes the
crippling weaknesses of laws regarding collective bargaining,
unjust dismissal, employer discrimination, and comparable worth.
And his analysis shows how laws governing liability for products
and professional services, corporate transactions, and
environmental protection have generated unnecessary social strife
and economic dislocation by violating these basic principles.
"Simple Rules for a Complex World" offers a sophisticatedagenda
for comprehensive social reform that undoes much of the mischief of
the modern regulatory state. At a time when most Americans have
come to distrust and fear government at all levels, Epstein shows
how a consistent application of economic and political theory
allows us to steer a middle path between too much and too
little.
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