A legal theory of economic power : implications for social and economic development / Calixto Salomão Filho.
2011
K487.E3 S257 2011 (Map It)
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Author
Title
A legal theory of economic power : implications for social and economic development / Calixto Salomão Filho.
Published
Cheltenham, U.K. ; Northampton, Mass. : Edward Elgar, [2011]
Copyright
©2011
Call Number
K487.E3 S257 2011
ISBN
9780857931863 (hbk. : alk. paper)
0857931865 (hbk. : alk. paper)
0857931865 (hbk. : alk. paper)
Description
vii, 229 pages ; 24 cm.
System Control No.
(OCoLC)751752265
Summary
"In this provocative book Calixto Salomão Filho builds a strong case for why economic power cannot be considered a mere market phenomenon. Taking the forgotten realities and effects of these power structures into account, his comprehensive legal analysis persuasively argues the need for a new theory of economic power. The book begins with a discussion of the insufficiency of antitrust concepts and instruments. The author provides an economic history of monopolistic colonial systems and its effect on the development process, and offers an alternate paradigm of legal structuralism and social organization. He goes on to explore the creation of economic power structures with a cogent discussion of market power, legal structures and the dominance of common pool resources. An examination of the dynamics and behavior of power structures follows, with particular attention paid to exclusion and collusion, legal monopolies and the exploitation of natural resources. The author shows clearly how the negative effects of economic power structures directly impact the social and economic development of societies. This new legal theory, with its basis in the realities of economic structures, will prove a powerful alternative to the traditional market rationality paradigm. As such it will be of great interest to students and scholars of law and economics, development and antitrust"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 218-226) and index.
Record Appears in
Table of Contents
Preface
vi
Acknowledgements
vii
1.
A neo-structural legal perspective to economic power analysis
1
1.
Introduction: The insufficiency of the antitrust concepts and instruments
1
2.
Economic power and its multiple effects on the social and economic spheres: Monopolies and underdevelopment
2
3.
The economic history of monopolistic colonial systems and its effect on the development process
9
4.
Economic results vs legal values
16
5.
An alternative: Legal structuralism and social organization
22
2.
Economic power structures: Creation and existence
26
1.
Identification of economic power: New paradigms
26
2.
Criticism of traditional measurement
27
3.
Market power structures
59
4.
Legal structures
75
5.
Dominance of common pool resources
97
3.
Power structures: Dynamics and behavior
109
1.
The importance of the structure of relations for the dynamics of power
109
2.
Market behavior: Exclusion and collusion
110
3.
Legal monopolies and dynamic abuse
200
4.
Exploitation of natural resources: The environmental problem
213
4.
Conclusion: From a general theory of economic power to a general theory of law?
216
Bibliography
218
Index
227