Lucid, highly readable, and full of rich social and political implications, “The Antitrust Paradox” illustrates how the purpose and integrity of law can be subverted. The Antitrust Paradox. By Robert H. Bork. New York: Basic Books, Pp. xi, $ The theme of former Solicitor General Bork’ s book is that the. THE ANTITRUST PARADOX: A POLICY AT WAR WITH. ITSELF. By Robert H. Bork. Basic Books, Inc., P xi, Price $ JAMES R. SILKENAT *.
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The Antitrust Paradox – Wikipedia
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Thanks for telling us about the antitrusst. Return to Book Page. Preview — Antitrust Paradox by Robert H. Shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Bork sees antitrust law as a microcosm which reflects the larger movements of our society, such as the tension between liberty and equality.
Paperbackpages. To see what your friends thought of this book, please sign up. To ask other readers questions about Antitrust Paradoxplease sign up. Lists with This Book. Feb 29, Thom rated it liked it Recommends it for: By now, other wise writers have an exposed and thoroughly discredited the tragic unpragmatism of Robert Bork’s formalist legal theory. Yet damned if he didn’t start to convince me that his views were better as I read the Antitrust Paradox.
Antitrust Paradox: A Policy at War with Itself
yhe Whatever the present utility of his views, Bork makes a formidible and respectable defense of judicial formalism a theory that views the role of the judge as extremely limited.
And leaving aside the theoretical expressions and implications of Bork’s many wri By now, other wise writers have an exposed and thoroughly discredited the tragic unpragmatism of Robert Bork’s formalist legal theory. And leaving aside the theoretical expressions and implications of Bork’s many writings, this work is magnificent in the glimpse it provides into the mind of masterful legal thinker.
Although Bork’s paraox theorizings–and some pzradox his less popular beliefs–are roundly despised both inside and outside legal circles, in The Antitrust Paradox Bork demonstrates his superb skill in the more mundane aspects of legal thinking–evaluating the merit and validity of legal decisions; comparing and criticizing judicial decisions in ways that are empirically, historically, and analytically sound and reliable.
In these tasks, Bork’s skills as a lawyer and thinker are beyond reproach. Throughout the first part of the book he deftly reveals the stupidity and dissemblance that pervades much of the Supreme Court’s early jurisprudence in Antitrust law. In doing so, he unfolds an economic analysis of antirtust law that transformed one of the most controversial and baffling areas of law ever developed by human civilization, and in witnessing it tje open-minded reader cannot avoid being edified and improved by it.
Hate the man, but don’t dismiss this work based on his subsequent infamy. This book rightfully deserves its status as a classic of legal thought. This book’s biggest problem is the difficult in when to go fast and when to go slow.
I think ultimately it needed to goal slower. The anttrust biggest substantive problem is that there’s a circular-ish assumption that relates to a series botk assumptions: Basically, antitrust is only to a couple of really bad businessmen who try to screw competitors This book’s biggest problem is the difficult in when anttitrust go fast and when to go slow.
Basically, antitrust is only to a couple of really bad businessmen who try to screw competitors even thought it is likely detrimental to them. There’s a weird law-scholar-tic that he cites a lot of people by name because it’s important to cite.
But the names in the next are kind of distracting. This is very minor.
But there’s a lot of information here and the position is laid out paraxox strong. I would like to see a counterargument because this is so coherent but the author makes clear that it is not the dominant position of his time. Feb 07, Connor Sullivan rated it paraeox not like it. Jan 02, Kate Mereand-Sinha rated it did not like it.
Originalist Robert Bork wrote an article in that looked at the legislative intent of the Sherman Act to limit the scope of antitrust law in the US.
With his late s book he succeeded in changing an entire field of law. It marks a critical in a turning point in American history. Apr 27, Kate added it Shelves: For all intents and purposes Ghe done with this book–I read it cover-to-cover, but I would venture to say that much of it is opaque for those without a background in law. Chapter 7 was the antitdust useful paradod me. All in all though, I guess I’ll look elsewhere for a good book to provide insight into the DOJ publishing lawsuit.
Important book that transformed the nation’s antitrust law. I reviewed it positively in the Hartford Courant in the late s upon publication, and have stuck with that view since even as many of the author’s other book failed to meet this high level in the years afterward before his passing.
Mar 10, Julie rated it liked it Shelves: Classic, even though his use of the term ‘consumer hhe gives me headaches on a daily basis Matthew Raketti rated it really liked it Oct 28, Matthew rated it really liked it May 16, Leif rated it really liked it Nov 04, Kirk Thompson rated it really liked it Jan 21, Rabeux Louise rated anttirust it was amazing Feb 03, David rated it it was amazing Mar 23, Helen rated it really liked it Mar 03, Cecile Lindell rated it it was amazing Jun 09, John McCubbin rated it it was amazing Mar 19, Milad rated it it was amazing Aug 16, Joseph Siskey rated it it was amazing Aug 25, Scott Bori rated it it was amazing Oct 16, Jamie rated it really liked it Jul 23, Chris rated it liked it Nov 05, Tsvetelin Tsonevski rated it it was amazing Feb 22, Jeff rated it really liked it Jan 16, Bob Zuver rated it really liked it Aug 11, Zach rated it liked it Dec 07, Eric Zepp rated it it was ok Dec 08, Alan rated it liked it Nov 28, Miguel Sotomayor rated it really liked it Sep 12, Gary rated it liked it Mar 03, Farid Nasution rated it really liked it Sep 15, There are no discussion topics on this book yet.
Robert Heron Bork was an American legal scholar who advocated the judicial philosophy of originalism.
Bork ha Robert Heron Bork was an American legal scholar who advocated the judicial philosophy brok originalism. Bork had more success as an antitrust scholar, where his once-idiosyncratic view that antitrust law should focus on maximizing consumer welfare has come to dominate American legal thinking on the subject. Books by Robert H. Trivia About Antitrust Paradox No trivia or quizzes yet.
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