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Organizations are information intensive systems, operating in
dynamic and competitive markets, structured around complex physical
and political infrastructures. This book characterises the critical
nature of these environments through strategies for business
information technology management (BITM).
In this unique volume, James Hackney invites readers to enter
the minds of 10 legal experts that in the late 20th century changed
the way we understand and use theory in law today. True to the
title of the book, Hackney spent hours in conversation with legal
intellectuals, interviewing them about their early lives as
thinkers and scholars, their contributions to American legal
theory, and their thoughts regarding some fundamental theoretical
questions in legal academe, particularly the law/politics debate.
Legal Intellectuals in Conversation is a veritable "Who's Who" of
legal thought, presented in a sophisticated yet intimate
manner.
Organisations are information intensive systems, operating in
dynamic and competitive markets, structured around complex physical
and political infrastructures. This book characterises the critical
nature of these environments through strategies for business
information technology management (BITM).
For more than two decades, the law and economics movement has been
one of the most influential and controversial schools of thought in
American jurisprudence. In this authoritative intellectual history,
James R. Hackney Jr. situates the modern law and economics movement
within the trajectory of American jurisprudence from the early days
of the Republic to the present. Hackney is particularly interested
in the claims of objectivity or empiricism asserted by proponents
of law and economics. He argues that the incorporation of economic
analysis into legal decision making is not an inherently objective
enterprise. Rather, law and economics often cloaks ideological
determinations—particularly regarding the distribution of
wealth—under the cover of science. Hackney demonstrates how
legal-economic thought has been affected by the prevailing
philosophical ideas about objectivity, which have in turn evolved
in response to groundbreaking scientific discoveries. Thus
Hackney’s narrative is a history not only of law and economics
but also of select strands of philosophy and science. He traces
forward from the seventeenth-century the interaction of legal
thinking and economic analysis with ideas about the attainability
of certitude. The principal legal-economic theories Hackney
examines are those that emerged from classical legal thought, legal
realism, law and neoclassical economics, and critical legal
studies. He links these theories respectively to formalism,
pragmatism, the analytic turn, and neopragmatism/postmodernism, and
he explains how each of these schools of philosophical thought was
influenced by specific scientific discoveries: Newtonian physics,
Darwin’s theory of evolution, Einstein’s theories of
relativity, and quantum mechanics. Under Cover of Science
challenges claims that the contemporary law and economics movement
is an objective endeavor by historicizing ideas about certitude and
empiricism and their relation to legal-economic thought.
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