The morality of law and economics

The moral heart of normative law and economics is efficiency, especially dynamic efficiency that takes incentive effects into account. In the economic theory, justificatory argument is inherently at the institutional- or rule-level, not an the individual- or case-level. InMarkets, Morals, and the Law Jules Coleman argues against the efficiency theory on normative grounds. Although he strongly asserts the need to view law institutionally, he frequently grounds his criticisms of law and economics in arguments from little more than direct moral intuition about individual cases. He evidently holds that consent provides a better normative basis for law than does efficiency and he uses consent arguments to attack recommendations from scholars in law and economics. His own chief contribution, however, is to law and economics rather than to any alternative theory.     

The Rise and Fall of the Australian Women's Bureau

Policy textbooks often overlook the importance of international borrowing in their accounts of the policy process. Analysis of feminist policy influence also tends to neglect the international dimension of the opportunity structure and the leverage provided by international agendas. In this article we tell the story of how the Women's Bureau, the first women's unit in Australian government, came into being in the 1960s. This story encompasses the overseas modelling of such bureaux and the promotion of such models through international women's organisations and their national affiliates. The international dimension has been inseparable from the development of women's policy machinery in Australian government; the current disengagement from international standard setting coincides with the dismantling of domestic machinery, including the Women's Bureau.     

Truman's revenge: Social control and corporate crime

Many criminologists have found that corporate crime does more harm than street crime, whether measured by property lost, money stolen, or lives taken. Yet, public concern about crime is almost exclusively focused on street crime and “just deserts” for the offender. The authors argue that corporate criminality is more likely than individual criminality to be planned and subjected to cost/benefit analysis than street crime and therefore more likely to be deterred by raising the costs of corporate criminality. The Model Penal Code is used to demonstrate that both individual and corporate crime produce a comparable array of avoidable harms. Public policies that demand just deserts for individual offenders (natural persons) are revealed as highly inconsistent with policies that protect corporations (juristic persons) from accountability for the harms they create. A philosophical and legal foundation for corporate crime control strategies is provided. The authors propose a sanctions regime for corporate criminals comparable to the sanctions regime imposed on natural persons for street crimes. Strategies to avoid risk shifting by corporations are suggested. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Good Country: The Djadja Wurrung,the Settlers and the Protectors

The Good Country: The Djadja Wurrung, the Settlers and the Protectors . By Bain Attwood (Melbourne: Monash University Publishing, 2017), pp.xiv + 225. AU$29.95 (pb).     

Stigmatizing Thorstein Veblen: A Study in the Confection of Academic Reputations

The life, work, and appraisal of Thorstein Veblen reveal well the defense mechanisms employed by society's dominant strata to counter ideological challenges to the established order. They also offer insight into the sociology of reputation and, more narrowly, the psychology of Veblen's biographers, who have frequently sought to enhance their own reputations at the expense of his. Central to an understanding of Veblen's sullied reputation is Joseph Dorfman, whose voluminous biography of Veblen projects Dorfman's own cultural demons and insecurities onto his subject, at the same time as it has influenced the uncritical views of later scholars.