JournalTOCs

Jerusalem Review of Legal Studies
Number of Followers: 0

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 2219-7125 - ISSN (Online) 2219-7117
Published by Oxford University Press

[413 journals]

Can Davidov’s Legal Slingshot Slay the Goliath of Political Economy'
On Guy Davidov’s A Purposive Approach to Labour Law
- Authors: Arthurs H.
  Pages: 1 - 14
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx021
  Issue No: Vol. 16, No. 1 (2017)
The Missing Context: Comments on A Purposive Approach to Labour Law
- Authors: Albin E.
  Pages: 15 - 27
  Abstract: The main argument of Guy Davidov’s new book is that a purposive approach has much to contribute to labor law—to the legislative process, to interpretation by the courts, and to the questioning of whether a law is constitutional.11 This approach has dominated the Israeli legal system (from which both Davidov and I developed our own legal thinking) since the 1980s, and is most closely associated with Justice Aharon Barak, a retired president of the Israeli Supreme Court.22 The purposive approach has been transplanted into Israel from the U.S. legal thought, proposing an opposition to intentional theories of interpretation on the one hand, and to legal realism on the other.33 In distinguishing itself from intentional theories, it aimed to be more dynamic and attuned to the current context, particularly to changes in social and legal assumptions.44 Contrary to legal realism, which casted doubt on the view of the law as science, it argued that rules can be drawn in regard to the law.55
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx020
  Issue No: Vol. 16, No. 1 (2017)
Labor Law: The Pragmatist’s Guide—Comments on A Purposive
Approach to Labour Law1
- Authors: Deakin S.
  Pages: 28 - 39
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx016
  Issue No: Vol. 16, No. 1 (2017)
The Power of Purpose: Comments on A Purposive Approach to Labour Law1
- Authors: Mundlak G.
  Pages: 40 - 51
  Abstract: The book is a passionate, thoughtful, and comprehensive writing from within and about the praxis of labor law. It spans over many countries in its examples, but crystalizes some basic truths about labor and the law. It is a committed treatment by someone who is concerned with addressing the labor problem, or more accurately in this case—the problems of labor. The over-reaching framework that makes all this possible is the “purpose” of labor law. The purpose is the key for legislating, adjudicating, and developing the field. It is therefore a powerful focal point for tying together years of scholarship.
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx018
  Issue No: Vol. 16, No. 1 (2017)
Identifying the Purposes of Labor Law: Discussion of Guy Davidov's A
Purposive Approach to Labour Law
- Authors: Dukes R.
  Pages: 52 - 67
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx017
  Issue No: Vol. 16, No. 1 (2017)
Putting the Purpose of Labor Law to Work: A Response to Comments
- Authors: Davidov G.
  Pages: 68 - 82
  Abstract: In writing A Purposive Approach to Labour Law,11 my goal—and hope—was to contribute to the future development of this field, in a direction that will better ensure the achievement of labor law’s goals. There is little doubt that many people around the world who need the protection of labor law are not covered by it. Moreover, legislatures and courts continuously have to respond to new challenges—new employment practices, new threats to labor rights and interests—and often fail to do so. To interpret labor laws, to reform them, to fill lacunas and respond to new challenges—we need to have a clear understanding of what we are trying to achieve. The book attempts to assist this endeavor by providing a discussion of goals (general as well as specific); by showing how these goals can be put to work—in practice—when interpreting labor laws and thinking about reforms; and by offering some legal tools that can help ensure ongoing adaptation of labor laws and their actual enforcement. The wonderful comments included in this symposium—for which I am extremely grateful—raise some doubts about this project and especially aspects that are missing from it. This is a great opportunity for me to clarify some points which I probably failed to explain clearly enough in the book, refine some of the arguments, and also acknowledge some limitations of the methodology employed in the book.
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx019
  Issue No: Vol. 16, No. 1 (2017)
The Alternative Futures of Law and Economics: Comments on Guido
Calabresi's The Future of Law and Economics
- Authors: Malcai O.
  Pages: 83 - 100
  Abstract: In The Future of Law & Economics: Essays in Reform and Recollection,11 Professor Judge Guido Calabresi draws a fascinating picture of the intricate relationship between law and economics. Calabresi argues that not only is law influenced by economic analysis, but also the converse is true: law affects (and should affect) economic theory. In this essay, I review the book’s main ideas and express some thoughts about Calabresi’s arguments and about the field of law and economics and its future.
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx025
  Issue No: Vol. 16, No. 1 (2017)
Tastes, Values, and The Future of Law and Economics1
- Authors: Zamir E.
  Pages: 101 - 123
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx028
  Issue No: Vol. 16, No. 1 (2017)
Comments on: The Future of Law and Economics
- Authors: Harel A.
  Pages: 124 - 128
  Abstract: In the three fascinating chapters of The Future of Law and Economics11 Guido Calabresi develops the concept of “merit goods” and explains the underlying reasons for the imposition of limitations on voluntary transactions of certain commodities. Merit goods are goods that impose externalities of a particular type on others; transactions involving merit goods are ones that impose “moral costs” i.e., mental sufferings and anguish on third parties and, therefore, should at times give rise to legal regulation.
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx023
  Issue No: Vol. 16, No. 1 (2017)
Merit Goods, Calabresi-Goods, and Rent-Seeking: In Honor of Guido
Calabresi’s The Future of Law and Economics1
- Authors: Levmore S.
  Pages: 129 - 141
  Abstract: In The Future of Law and Economics: Essays in Reform and Recollections (2016), Guido Calabresi’s overarching claim is that law has and will affect economic analysis. The more conventional approach is to think the converse, that economics has affected, or infected, law. A major topic for investigating the idea of law as an influence on economics is that of merit goods, a Calabresi favorite and a weak spot in the economist’s armor. This essay focuses on these goods, regarding which there is a shared belief that they ought to be which are widely distributed even in the absence of ability to pay, because of a shared belief. It explores the relationship between merit goods and rent-seeking, and suggests the importance of distinguishing goods of fixed supply, as well as goods that are allocated regardless of ability to pay, despite the absence of conventional positive externalities.
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx024
  Issue No: Vol. 16, No. 1 (2017)
The Law and Economics of Merit Goods: Discussion of The Future of Law and
Economics
- Authors: Guttel E.
  Pages: 142 - 152
  Abstract: This short essay, presented in a symposium on Professor Calabresi’s book The Future of Law and Economics, focuses on the law and economics of merit goods—goods such as human organs, babies, and votes—whose allocation through ordinary market transfers is forbidden. It discusses the proper penalty regime for individuals who violate merit goods laws, offers a non-consequential justification for these laws, and elaborates on Calabresi’s “moral costs” concept.
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx022
  Issue No: Vol. 16, No. 1 (2017)
The Future of Law and Economics and the Calabresian External Moral Costs
- Authors: Porat A.
  Pages: 153 - 166
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx026
  Issue No: Vol. 16, No. 1 (2017)
The Future of Law and Economics: Comments and Reflections
- Authors: Calabresi G.
  Pages: 167 - 178
  PubDate: Wed, 06 Dec 2017 00:00:00 GMT
  DOI: 10.1093/jrls/jlx027
  Issue No: Vol. 16, No. 1 (2017)