Antitrust violations that cause injury are torts which give rise liability to treble damages. In fact, many commentators regard antitrust violations as theft. Professor Robert Lande states; “…the overriding purpose of the antitrust statutes is to prevent firms from stealing from consumers by charging them supracompetitive prices. When firms use their market power to raise prices to supracompetitive levels, consumers pay more for their goods and services, and these overcharges constitute a taking of consumers’ property.” Writes Lande, “We could politely call this a concern with the wealth transfer effects of market power.
Egoism being the theory that believes that selfishness is the foundation of morality. Robert Bass claims that Rand does not create a compelling case to convince her audience that egoism and rights go together. Bass believes that Rand made a mistake when “she posited, as the alternative to egoism, a doctrine that she labeled altruism” (Bass, 330). Unlike Rand, Bass
Finally, I will advance an argument as to how Mill’s principle of utility might be better supported by government intervention; or rather, how government interference is necessary for freedom of thought and expression to increase utility (in the way Mill claims). To begin with, Mill’s principle of utility is that we ought to judge actions and decisions based the utility which we gain from their consequences. In other words, if an action’s consequences increase utility, then it is ethically the ‘right’ action to take; similarly, if an action’s consequences decrease utility, then that action can be judged as ‘bad.’
Lord Devlin’s preoccupation is for society and his theory purports to be a practical and workable moral theory for fallible human being when he says that ‘ social reformers are not as patient as philosophers and we have not waited for minority groups to attain moral integrity” and that those who over emphasize individual freedom fail to realize that “the pimps leading the weak astray far outnumber spiritual explores at the head of the strong” whereas Professor H.L.A Hart’s primary concern goes to the freedom and right of self-determination of the individual and a lesser value on tradition and public opinion. It is clear that their approach to morality is different, where Lord Devlin is looking for consensual morality meanwhile Professor H.L.A
The most crucial factor that maximizes the benefits of privatization is market competition. As Moore claims, “it is competition that creates efficiency and innovation, because competition punishes inefficiency and inertia”. Knowing they could be replaced if they fail to deliver, private firms would have strong incentives to provide quality service. Moreover, another key element that can drive private firms to maximize efficiency and quality are financial rewards. This argument is supported by Peter Kyle in “Contracting for Performance:
The main confusion of utilitarianism is that it has several interpretations. One of them claims that individuals should act for the public utility in favor of their own benefits. This first interpretation is an egoistic one, because people act in favor of the community with the only aim to have their own profits afterwards. Even though Rawls and Mill’s theories present similarities, the fundaments of the theories are the exact opposite. Rawls natural right theory privileges human rights over any other duty, whereas Mill’s utilitarian theory favors society over individual and natural rights.
Many economists, such as Mitchell, G., understand libertarian paternalism to be an oxymoron. Thaler and Sunstein however, do not agree with this. Thaler and Sunstein (2003) defined libertarian paternalism as “the idea that it is both possible and legitimate for private and public institutions to affect behaviour while also respecting freedom of choice, as well as the implementation of that idea”. Libertarian paternalism is paternalism in the way that it tries to guide people, and it is libertarian in the way that no choices are taken away from the people themselves (Gigerenzer, 2015). Nonetheless, libertarian paternalism should not be confused with nudging.
Food, without a doubt, is a necessity for all living creatures, therefore it remains one of the most potent items within human and animal societies. What differentiates human animals, from other animal societies is the fact that human societies establish overall cultural and personal identities around what they eat. Therefore distinguishing themselves from peers and other human-based civilisations. In order to understand such concepts in depth, it’s important to examine the interplay surrounding food and hierarchies.
III. THE STATE OF EASTLAND’S LAW PROHIBITING OUT OF STATE PROVIDERS FROM PARTICIPATING IN THE DISPOSAL OF FETAL TISSUES IN AREAS SERVED BY STATE-RUN FACILITIES DOES NOT DISCRIMINATE AGAINST INTERSTATE COMMERCE BECAUSE THE STATE IS SIMPLY RELYING ON ITS POLICE POWERS TO CARRY OUT ITS TRADITIONAL FUNCTION OF WASTE DISPOSAL, WHILE TREATING BOTH IN-STATE AND OUT-OF-STATERS ALIKE A regulation is discriminatory when it institutes a differential treatment of in-state and out-of-state economic interests that benefits the former and burdens the latter. United Haulers Ass'n v. Oneida-Herkimer Solid Waste Mgmt. Auth., 550 U.S. 330, 334 (2007).