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Rabu, 17 Juni 2015

Download Law's Order: What Economics Has to Do with Law and Why It Matters

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Law's Order: What Economics Has to Do with Law and Why It Matters

Law's Order: What Economics Has to Do with Law and Why It Matters


Law's Order: What Economics Has to Do with Law and Why It Matters


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Law's Order: What Economics Has to Do with Law and Why It Matters

Review

"An interesting and lively introduction to the economic analysis of law. . . It lays out the principles and values of economic analysis of law, and then proceeds to illustrate and defend that approach in a lively and competent manner. It may not convince every reader that economics provide the key to understanding law, but it makes the case competently and energetically."---Joseph L. Smith, The Law and Politics Book Review"A thoroughly entertaining, creative, and provocative addition to the law and economics literature." (Choice)"David Friedman is lively, cheerful, and a bit of a tease. . . . Friedman's book is, in the best sense of the word, extremely dense. . . . At the same time, he is cautious and does not try to prove too much. The evidence he provides is impressive and impressively presented."---John Griffith, Times Literary Supplement"[Friedman] explains what economics has to do with law and why it matters. . . . Applying economics to law matters because it yields efficient outcomes. In a world of finite resources and a world in which the political process controls the distribution scheme, increasing the size of the societal pie will increase the size of the slice we all can expect."---Dennis J. Callahan, The Federal Lawyer"David Friedman, a first-rate economist with a good deal of experience in applying economics to the law, has written a lucid, imaginative, entertaining, opinionated, and, on balance, a very fine introduction to the application of economics to law. The book is wide-ranging in scope, at once simple and highly sophisticated, consistently provocative, an excellent read, and a notable contribution to an exciting field of interdisciplinary studies."―Richard A. Posner, Chief Judge, United States Court of Appeals For the Seventh Circuit"David Friedman explains in clear and accessible language what basic economic theory adds to the understanding of law, and how simple concepts of rationality, value, and transaction costs can go a long way to bring out the hidden unity among various diverse branches of law. Whether one speaks of the complexities of marginal deterrence, the resolution of disputes between farmers and railroads, or the social functions of copyright and patent law, Friedman's book provides the outsider to the field with a comprehensive but accessible account of his legal subject matter."―Richard A. Epstein, University of Chicago

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From the Back Cover

"David Friedman, a first-rate economist with a good deal of experience in applying economics to the law, has written a lucid, imaginative, entertaining, opinionated, and, on balance, a very fine introduction to the application of economics to law. The book is wide-ranging in scope, at once simple and highly sophisticated, consistently provocative, an excellent read, and a notable contribution to an exciting field of interdisciplinary studies."--Richard A. Posner, Chief Judge, United States Court of Appeals For the Seventh Circuit"David Friedman explains in clear and accessible language what basic economic theory adds to the understanding of law, and how simple concepts of rationality, value, and transaction costs can go a long way to bring out the hidden unity among various diverse branches of law. Whether one speaks of the complexities of marginal deterrence, the resolution of disputes between farmers and railroads, or the social functions of copyright and patent law, Friedman's book provides the outsider to the field with a comprehensive but accessible account of his legal subject matter."--Richard A. Epstein, University of Chicago

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Product details

Paperback: 344 pages

Publisher: Princeton University Press (November 1, 2001)

Language: English

ISBN-10: 0691090092

ISBN-13: 978-0691090092

Product Dimensions:

6 x 0.8 x 9.2 inches

Shipping Weight: 10.4 ounces (View shipping rates and policies)

Average Customer Review:

4.3 out of 5 stars

22 customer reviews

Amazon Best Sellers Rank:

#391,338 in Books (See Top 100 in Books)

The layman's view of law is that it has to do with justice, and the layman's view of Economics is that it has to do with who gets what. This is not correct. The early legal scholars, Grotius, Pufendorf, Locke and others, despite their disagreements, all stressed that property rights law was justified by the fact that an individual will not invest in the improvement of a valuable resource (land, idea, factory) unless he can expect to enjoy the fruits of this investment, and secure ownership is the best means of ensuring that this is the case. In other words, the legal institution of property rights served to improve economic efficiency, not justice. Or rather, as David Friedman would say, our ideas of the justice of property rights are the effect of the efficiency of the institution of property rights, and not vice versa.Law's Order is a wonderful, exciting, and hugely informative book. It never lowers its standard of rigor (a very high standard), but avoids all mathematical modeling and never makes a silly argument simply because there is some outlandish economic model that supports it. One need not always agree with Friedman in order to appreciate the power of his argumentation and the limpidity of his writing.The most important theoretical term that must be mastered is that of `economic efficiency.' The concept is not simple, and only by many varied examples will the reader come away with an appreciation for the strengths and weaknesses of the concept. Basically, an economic arrangement is efficient if there is no alternative arrangement that can make all individuals, even those not participating directly in the arrangement better off according to their own preferences. We also say that moving from situation A to situation B improves efficiency if the winners from moving to B could compensate the losers so that all are better off.A perfect example of an efficiency improvement is where a firm produces harmful effluents that contribute to polluting the natural environment. A firm that releases harmful effluents can simply be prevented from doing so, thus likely leading to the closing of the firm. However, if the cost to society from, say, a ton of effluent can be accurately measured, the firm can be asked either to pay a price per ton of effluent equal to this cost or cease production. The firm can then find a profit-maximizing level of effluent production, and if profits are positive at this level, the new situation, with a lower level of effluent and a tax on the effluent, may be more efficient than either the original situation or simply closing down the firm.Friedman's central assertion is "the thesis, due to Judge Richard Posner, that the common law, that part of the law that comes not from legislatures but from the precedents created by judges in deciding cases, tends to be economically efficient." (p. 15) Most of the book consists of an extended argument supporting the above statement. If Friedman is correct, and he may well be (I cannot think of an exception to his assertion, although of course I am not a legal scholar in any way), common law is then an incredibly stunningly useful social institution. For instance, many people, especially right-wing ideologues, claim that that free markets are efficient, but economic theory does not support this statement (there are externalities, public goods, increasing returns industries, and dynamic fragilities, all of which reduce the efficiency of markets and may possibly be improved through some non-market intervention). Here we have a true expert in Law and Economics, our author, who claims that the dynamics of common law in America "tends to be economically efficient" with no systematic deviations at all. I come from this book not only marveling at the author's analytical and exegetical skills, but also wondering why common law has this character. Many human social institutions contribute strongly to our success as a species and our happiness as individuals and families, but I know of none other that can truly be said to be efficient, without some systematic deviations from efficiency. Friedman does not say why common law is efficient, and I know of no one who has developed a model to explain this fact.Note that legislative law is often inefficient. For instance, a free market in body parts is illegal in virtually every country around the world. This creates huge inefficiencies. For instance, thousands die each year waiting for kidney transplants from compatible donors, but it is illegal to buy a kidney from a healthy person who would love to sell it, perhaps to by an IPod and a pair of Nike sneakers, or perhaps to pay for a life-saving surgical procedure for his mother. I am sure also there are rich people who would be willing to pay for human eyes that it pleases them to float in a crystal prism while they eat breakfast, and poor people who would gladly give an eye for the money to send their children to decent schools. But these efficiency enhancing exchanges are forbidden by law. According to Friedman, if the issue were left to common law, such exchanges would be allowed, and I cannot see that he is wrong.Of course, this does not mean that all legislated law is inefficient. Indeed, quite the opposite is the case. Consider, for instance, laws that oblige sellers to truthfully represent their wares. Without this sort of law, honest sellers would be driven out of the market by dishonest sellers unless the honest sellers could find an alternative way of guaranteeing the quality of their products (e.g., warranties or reputation). In general there is no way short of government regulation by independent judgmental bodies of experts to achieve this, because when a firm is in financial trouble, it will ineluctably sacrifice long-term profitability in favor of short-term survivability. Experience, in addition, shows that when the level of corruption in a society is low, its government tends to frame and enforce such truth in advertizing laws rather competently. It is a rather difficult exercise in economic modeling to show that truth in advertizing improves efficiency (it does, after all, harm the dishonest seller), but it can usually be done.Product safety regulations, however, are generally inefficient. Take the American FAA, which specifies complex safety regulations for private and commercial airlines. Their philosophy is "one size fits all," so travelers who are willing to take a higher risk of an accident are not permitted to do so. A libertarian would probably suggest that airlines be forced to reveal the risks involved in flying with them, but no regulation beyond that.Friedman's thesis implies that when justice conflicts with efficiency in common law, efficiency always wins out. Friedman supports this statement in two ways. First, we tend to consider a law just when it is efficient. For instance, if a lawnmower manufacturer can prevent a certain type of accident at low cost by installing a flange near the mower blade, but the user cannot prevent the risk of injury through normal prudence, then a common law precedent of holding the producer liable for injuring the user will be perceived as just. However, if the user can avoid injury through normal prudence, but the producer cannot prevent injury through user carelessness, both justice and efficiency will place negligence liability with the user.Friedman's second defense of the efficiency principle is based on a very famous argument first made by Nobel prize economist Ronald Coase in his article "The Problem of Social Cost" in 1960---a paper that really started the whole Law and Economics research area. Coase noted that if one party causes harm to another, and if there are no transactions costs, then In law and economics, the Coase theorem, attributed to Ronald Coase, describes the economic efficiency of an economic allocation or outcome in the presence of externalities. The theorem states that if trade in an externality is possible and there are no transactions costs, bargaining will lead to an efficient outcome regardless of the initial allocation of property rights. Therefore the careful and unambiguous specification of property rights, which can be accomplished in common law through precedence, will promote efficiency.Consider, for instance, the issue that Coase dealt with before publishing his 1960 paper: eliminating interference between radio stations in the broadcast frequencies they use. He reasoned that so long as the law clearly stated who has rights to what (for instance, the conditions under which a new radio station can broadcast on a certain frequency band), then bargaining among broadcasters would eventually lead the right to broadcast in the hands of the entrepreneur who stands to gain the most from broadcasting on that frequency band by putting the radio station to its most economically valued use. Of course it matters to the broadcasters which one initially has the right, but standard property rights law (e.g., the Lockean right to appropriate from nature by mixing one's labor with an unutilized resource, plus the justice of voluntary exchange) might well speak to this problem.Perhaps the Coase Theorem might be the basis for explaining why common law is efficient and why efficiency tends to justify patterns of ownership. At any rate, I am sure that most readers will find this book very valuable, and if there is a major critique of Friedman's argument that I have not expressed, perhaps a reader will relay this to me in a comment.

Law's Order was the primary text in my Economic Analysis of the Law class in law school, but I think it is sufficiently accessible for the layman, which is why I'm taking the time to review it. It's the rare book that can be read cover-to-cover and used as a reference with equal success. His target audience in mind (math-phobic law students), Friedman (son of Milton) has stripped the main text of formulas (and, more unfortunately, charts) while leaving markers to indicate where you may find the math on his website. Friedman's prose is informal, (relatively) jargon-free, and interspersed with regular allusions to Vikings, Redcoats, and the King's Messengers to liven things up (Friedman is an ardent recreational medievalist and has written a fantasy novel).Law's Order consists of an extensive introduction to economics as it applies to the law followed by chapters devoted to specific areas of the law (e.g., intellectual property, contracts, etc.) Most of the major areas are covered, although constitutional law (admittedly an immature branch of law & economics), agency law, and business associations are omitted. Game theory is given a cursory look, and public choice (assuming you don't categorize the entirety of law & economics as public choice) and behavioral law & economics are absent. But public choice at least certainly deserves an entire book of its own. As would be expected given Friedman's outside interests, ample historical context is provided.The central dilemma of a survey of law & economics is that there is just so much to cover. That is Law's Order's ultimate failing. Some very valuable topics aren't covered (business associations) and others aren't given proper attention (intellectual property, which is probably worthy of a few chapters). Charts are in my mind a must have in any economics textbook, even one aimed at text-friendly lawyers. A website can only do so much to remedy this, and Friedman's website isn't much to speak of.But those are the sort of things that separate very, very good from perfect. This is still the first book I recommend to anyone looking for an introduction to law & economics (perhaps paired with a public choice primer like Government Failure by Tullock).

Clearly written, good for the smart layperson. A helpful and persuasive introduction to law and economics as concieved by the Chicago school, though some of Friedman's more radical policy suggestions (nearer the end) may make you wonder if we haven't missed something conceptually important; I also recommend Malloy's "Law and Economics" for a broader perspective that offers a critique of the implicit assumptions Friedman's chosen model without endorsing a contrary position. (For those who do want the contrary of Friedman's viewpoint, there's the whole field of critical legal studies out there.)

I had some small problems with the obsession of looking at all problems through the lens of some theoretical optimum; also with the refusal to take into account justice (i.e. in any law, who gets reimbursed matters, but that aspect is ignored for this book). Still a wonderful read for those interested in either law or economics. Beware, some heavy thinking is required.

Simply the best. Highly suggested for anyone with an interest in economics or law.

Excellent conditions! So far a good book!

Quick delivery, exactly as expected.

The book arrived on time, however, it has a black dot along the edge of the book. The ink has seeped into at least 50 pages, and is actually quite annoying because I'm the sort who likes books pristine. However, because i urgently need this book, i suppose it can't be helped.

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Senin, 15 Juni 2015

Free Download The Artful Edit: On the Practice of Editing Yourself

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The Artful Edit: On the Practice of Editing Yourself

The Artful Edit: On the Practice of Editing Yourself


The Artful Edit: On the Practice of Editing Yourself


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The Artful Edit: On the Practice of Editing Yourself

About the Author

Susan Bell has edited fiction and nonfiction professionally, including at Random House and Conjunctions magazine, for almost twenty years. She lives in New York City and teaches at The New School and Tin House Writers Workshop.

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Product details

Paperback: 240 pages

Publisher: W. W. Norton & Company; Reprint edition (August 17, 2008)

Language: English

ISBN-10: 0393332179

ISBN-13: 978-0393332179

Product Dimensions:

5.5 x 0.7 x 8 inches

Shipping Weight: 6.4 ounces (View shipping rates and policies)

Average Customer Review:

4.3 out of 5 stars

42 customer reviews

Amazon Best Sellers Rank:

#273,891 in Books (See Top 100 in Books)

Susan Bell uses examples from well-known literary works to illustrate the value of editing. This worked well for me. I particularly enjoyed the Great Gatsby examples where she used excerpts from earlier drafts of Fitzgerald's book and contrasts them to the final result. The revelations produced were fascinating and enticing. By revealing the nuances of editing from an editor's perspective, a writer begins to understand the process and the purpose of revision and polish. Bell's focus, though, is on the craft of self-editing. She convinces the reader of the power of that. Many authors see writing as a creative experience. They revel in that and leave the editing to someone else, but delivering a mess to an editor means he will be overwhelmed, possibly choked, and the author will be shocked to see his creation so justifiably desecrated. Bell helps the reader see that the craft of editing is a vital and intrinsic part of the process of writing and a key to a polished, readable, enjoyable piece of literature. It is also a key to a writer's reputation as a master of his profession. I've read a multitude of books on writing and this is one of my favorites.

Susan Bell teaches writers what editors do, hoping this will reduce frustration for both. She hopes that "[t]his book will not eliminate the need for an outside editor, but it will minimize it. When writers learn how to better edit themselves, editors will not be out of jobs; rather they will be working with texts at a more advanced stage, and their work will be less an act of excavation than one of refinement."The book's first chapter teaches writers eleven strategies for gaining perspective on what they have written--and grown overly close to. These strategies range from abstract perspective shifting to physical techniques, such as hanging the pages of a chapter on a clothesline to observe the pattern of text across the pages. The second chapter tells authors how to evaluate their writing at the "macro" level, focusing on organization, structure and the sequence and flow of ideas. The third chapter dives to the micro level, helping writers with subtle language choices in sentence-by-sentence writing. We learn to evaluate writing for its repetition, redundancy, clarity, authenticity, continuity, and other well-chosen principles. Bell's fourth chapter presents several extended case studies of writers and their editors working together. The fifth and final chapter traces the development of editing as a profession, from changes medieval scribes introduced as they copied ancient texts to the uneasy, commercially-constrained partnership between modern writers and their time-starved editors.Foremost among the book's strengths are the frequent before-and-after editing examples and the interviews with writers and editors. Numerous excerpts from F. Scott Fitzgerald's The Great Gatsby and Adam Thorpe's Ulverton reveal the working relationships between these authors and their editors. Interviews placed between chapters convey the essence of artistic evaluation and constructive criticism. The interviews with artists and filmmakers teach us much about editing strategies that apply across creative media. Concrete thinkers who equate editing with proofreading and expect lists of commonly misspelled words will be disappointed. The successful reader must understand and apply Susan Bell's lessons at a more abstract level.Susan Bell has much to say about the ongoing struggle between writers and editors for ownership and control. She advises assertiveness and restraint to both. Writers should look courageously at their work, cutting away the excess verbiage that smothers their very best ideas and language--and should defend these hard-won nuggets. Editors must challenge writers to see what does not work, then empower them to rework without undue editorial micromanaging. "The function of an editor is to be a reader," claims Gardner Botsford, as he introduces the last chapter. Susan Bell insists that "...an editor doesn't just read, he reads well, and reading well is a creative, powerful act." Her book attempts to place an editorial presence in the mind of each writer.This book is highly recommended to writers who want to improve their work and their work process. It is beneficial to writers of both fiction and nonfiction.

I expected something else so it's not the author's fault and I won't penalize her with a bad review. I'm not interested in the nuts and bolts of editing. I'm more interested in the craft of writing. You know; character, plot, setting, high stakes, high concept. This is about correcting others' usage. Not my cup of tea.

I have finished writing a novel (if one can ever be called finished) and am in the process of editing the attempt. I have read several (maybe 8) books on editing and while they were informative, instructive, and mostly correct, they failed to deliver the underlying, the core, of serious editing. This publication takes it to the same level, but in a different direction; an essential direction that should be instinctive but unfortunately is not to many writers. This book holds your hand and delivers the guts that go beyond usage and the proprietary. If you are a serious writer and hope to achieve what it's all about, buy this book. Personally, if I don't succeed as a writer, it certainly won't be this book's fault.

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Jumat, 12 Juni 2015

Free Download The Bullfighter Checks Her Makeup: My Encounters with Extraordinary People, by Susan Orlean

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The Bullfighter Checks Her Makeup: My Encounters with Extraordinary People, by Susan Orlean

From The New Yorker

Orlean's curiosity is in evidence everywhere in these portraits, whose subjects include Maui surfer girls, a Manhattan real-estate broker ("like Superman, she can see through walls"), and a young Dominican basketball player who "is growing so fast that he once failed to recognize his own pants." Copyright © 2005 The New Yorker

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Review

“Orlean’s snapshot-vivid, pitch-perfect prose...is fast becoming one of our national treasures.”—The Washington Post Book World“Susan Orlean is a master of the quick sketch....She writes arresting, short pieces, serendipitous material that readers stumble across by chance, then read on, transfixed by the casual grace and beauty of these miniatures.”—San Francisco Chronicle“Through the power of energetic reporting and sharp writing, the national character is precisely what Orlean captures. She is a kind of latter-day Tocqueville.”—The New York Times Book Review“Reading Bullfighter will leave you convinced that the world is much wider and stranger than you had thought and that the most ordinary-seeming people are often the most remarkable.”—Us Weekly

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Product details

Paperback: 336 pages

Publisher: Random House Trade Paperbacks; Reprint edition (January 8, 2002)

Language: English

ISBN-10: 0375758631

ISBN-13: 978-0375758638

Product Dimensions:

5.2 x 0.8 x 8.1 inches

Shipping Weight: 6.4 ounces (View shipping rates and policies)

Average Customer Review:

3.8 out of 5 stars

20 customer reviews

Amazon Best Sellers Rank:

#554,859 in Books (See Top 100 in Books)

Susan Orlean is in a class by herself when it comes to discovering and then writing about interesting people. Her ability to get some singular characters to confide in her is impressive. Her book The Orchard Thief epitomizes writing in that genre.This collection of articles runs the gamut of interesting occupations and those involved. I look forward to anything she writesThe female bullfighter is an eye catching story to grab the reader but she writes about a number of others who are equally attractive.

Maybe its unfair of me to review this book as I am not a big fan of short stories and essays but here is my opinion. I found about 70% of the stories entertaining, and maybe 1 or 2 very good, but some were downright boring.

This little book is very interesting and is well written.

Although some of the essays in this book were a bit long for my taste, there's no questioning that Susan Orlean's book takes readers on an amazing journey through the lives of somewhat invisible people we encounter every day. Fascinating book and a great read!

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The Bullfighter Checks Her Makeup: My Encounters with Extraordinary People, by Susan Orlean PDF
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