Preview

Section 2 And Sherman Act Of 1890

Satisfactory Essays
Open Document
Open Document
292 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Section 2 And Sherman Act Of 1890
Since 20th century the competition has increased to global level. Canada was the first nation to enact the first competition statute of modern times. It was an Act to prevent and supress group formed in check of Trade was passed one year before United States passed the most famous statute on competition law i.e. Sherman Act of 1890. The competition law gained huge recognition in European nations like Germany, Sweden, and Norway which were slowly adapting Anti-Cartel Laws.

According to Paddy McNutt “The economic analysis of law does not necessarily seek the correct answer to law problems from within the law but regards law as a social phenomenon”.
Section 2 and Sherman Act, 1890 prohibits monopoly, attempts and conspiring of monopolizing.

You May Also Find These Documents Helpful

  • Good Essays

    The law is an intricate system of principles that regulate the activity of citizens and enforce sanctions through imposition. This order was developed through a legal evolution that many individuals fail to recognize due to disinterest in history. In order to comprehend the current state of law, one must refer to the past as it enables individuals to appropriately analyze the future. The Magna Carta and The Quebec Act are key developments that played a vital role in the just formation of law in modern society.…

    • 435 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Austin vs Hart

    • 275 Words
    • 2 Pages

    Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790-1859) formulated it thus: “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry.” (1832, p. 157) The positivist thesis does not say that law's merits are unintelligible, unimportant, or peripheral to the philosophy of law. It says that they do not determine whether laws or legal systems exist. Whether a society has a legal system depends on the presence of certain structures of governance, not on the extent to which it satisfies ideals of justice, democracy, or the rule of law. What laws are in force in that system depends on what social standards its officials recognize as authoritative; for example, legislative enactments, judicial decisions, or social customs. The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it. According to positivism, law is a matter of what has been posited (ordered, decided, practiced, tolerated, etc.); as we might say in a more modern idiom, positivism is the view that law is a social construction. Austin thought the thesis “simple and glaring.” While it is probably the dominant view among analytically inclined philosophers of law, it is also the subject of competing interpretations together with persistent criticisms and…

    • 275 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Several economic studies and legal decisions of antitrust authorities have found that the median price increase achieved by cartels in the last 200 years is around 25%. Private international cartels (those with participants from two or more nations) had an average price increase of 28%, whereas domestic cartels averaged 18%. Fewer than 10% of all cartels in the sample failed to raise market…

    • 305 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Cited: Austin, Michael, and Karen Austin. "Law And Government: What Is The Role Of Law And Government In Human Society?" Reading the World: Ideas That Matter. New York: W.W. Norton, 2007. 151-53. Print.…

    • 1089 Words
    • 3 Pages
    Better Essays
  • Good Essays

    student

    • 725 Words
    • 3 Pages

    The difference between breach of a duty owed under a contract and the general duty of care owed to one’s ‘neighbour’;…

    • 725 Words
    • 3 Pages
    Good Essays
  • Best Essays

    The economy of different countries grows at different rates. This is evident by comparing the real per capita Gross Domestic Product (GDP) of different countries. For example, Australia’s GDP growth rate from 2011-2012 was 3.4% while New Zealand’s GDP growth rate was 3.0%. Due to its significance on the national welfare, every country aims to increase their economic growth rate as economic growth means higher income, lower unemployment, lower government borrowing and improved public services and encourages investment (Brenner 1998). Given the potential national benefit from achieving an efficient economy, economist have studied and suggested what factors drive growth. Due to the important role played by the law in the finance sector, economist and policy makers argued that the legal system can have a major influence on a country’s economic prosperity. This leads us to the main topic of this research essay. The aim of this essay is to compare the strengths and weaknesses of the common law system with the civil law system with reference to economic prosperity. The first section will explain the connection between the legal origin of a country and its economic growth with reference to theories and hypothesis from various academic literatures. The second part will give an overview of the main difference between the two legal systems and compare the strengths and weaknesses of each. Lastly, to conclude the essay, this paper will weigh the pros and cons of each legal system and will conclude which of the two is a better system in the context of economic prosperity.…

    • 2117 Words
    • 9 Pages
    Best Essays
  • Powerful Essays

    NO. CHAPTERS PAGES 1 RESEARCH METHODOLOGY 3-4 2 INTRODUCTION 5-6 3 MICROECONOMICS ASPECT 7-12 4 RELATION BETWEEN ECONOMICS AND LAW 13-19 5 COMPARATIVE STUDY 20-21 6 CONCLUSION 22 7 SUGGESTIONS 23-24 2 CHAPTER I : RESEARCH METHODOLOGY A ) METHOD ADOPTED AND JUSTIFICATION: My research study is completely based on secondary resources because I have used various books and case laws to support the argument and they are a rich source of citation in legal projects. 1) Library Research a) Analysis of Historical records b) Analysis of documents c) Reference and Abstract Guides d) Note taking e) Content Analysis 2) Researching through the Internet a) E- books b) E-article B) Relevance Of The Topic / Scope…

    • 5597 Words
    • 28 Pages
    Powerful Essays
  • Best Essays

    The relationship between legal and economic development does not seem to be very clear due to many environmental factors. Nevertheless, legal scholars and economists have tried to establish the link between legal and economic development over the years. To assess the relationship, this session is split into three parts: A) Max Weber’s theory B) Believes of Douglass North and Kanishka Jayasuriya and C) Contemporary view on the issue.…

    • 3053 Words
    • 13 Pages
    Best Essays
  • Satisfactory Essays

    what is crime

    • 1333 Words
    • 6 Pages

    Chapter 1 What is Criminology? “Criminology” Frank Schmalleger What is Crime? Four definitional perspectives • Legalistic • Political • Sociological • Psychological What is Crime?…

    • 1333 Words
    • 6 Pages
    Satisfactory Essays
  • Better Essays

    Whatever You Want It to Be

    • 1065 Words
    • 5 Pages

    The idea behind the collaboration between the two drastically different fields of law and economics is to ascertain the implication of hypothetical rational person’s response to rules and legislations. The economic analysis of law is perhaps a better description between the fusion of these two fields.…

    • 1065 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    The question of whether or not Law’s authority results from the fact that it has a moral obligation is one which has been heavily debated for centuries. It seems that the biggest proportion of this debate has been sparked by the emergence of legal positivism and utilitarianism from writers such as Hobbes, John Austin, and H.L.A Hart. Before this train of thought, morality in law was seen as a key necessity and was left to a great extent unopposed; arguably until Hobbes revolutionised the field of jurisprudence with his theories of legal positivism and utilitarianism. This way of thinking was further bolstered by the writings of Austin, Hart and later Joseph Raz. Yet it would be safe to say that this debate took centre stage as a result of the Hart-Dworkin debate. After Hart’s response to Austin’s theory of legal positivism, it was consequently fiercely rebutted by Dworkin and Hart replied in a post script of a second addition of his book ‘The Concept of Law’. Two theories of law and the concept of its ‘moral obligations’ were at loggerheads and became a big talking point in the world of jurisprudence. However this was not the only time this has been debated, there have been several natural lawyer theorists in the past to have analysed whether or not law derives authority from a moral obligation. For instance, as we have already mentioned, Ronald Dworkin, Professor Finnis, John Locke, with his ‘consent’ theory, and even as early as Socrates who developed the idea of being ‘gratuitous’ towards the state. Although it seems that the idea of there being a moral obligation to follow the law is flawed in certain respects, this essay will attempt to critically analyse both sides of the argument and hopefully develop an understanding of which of the theories seems most appealing, and why it is so.…

    • 5671 Words
    • 23 Pages
    Powerful Essays
  • Better Essays

    cyberlaw

    • 1599 Words
    • 7 Pages

    for the double instrumentality of the law (Hildebrandt, 2013). If the law were only a tool of…

    • 1599 Words
    • 7 Pages
    Better Essays
  • Best Essays

    What is law

    • 4059 Words
    • 10 Pages

    Most people’s concept of law is limited, their view on law is commonly based on a set of rules which they do not want to break because of either fear of a bad image in society as well as fear of being penalized and incarcerated legally. This point was emphasised by the legal philosopher John Austin whose theory on law suggested that law is ‘a rule laid down for the guidance of an intelligent being having power over him.’1…

    • 4059 Words
    • 10 Pages
    Best Essays
  • Powerful Essays

    The borderline between public law and private law is not always clear in particular cases, giving rise to attempts of theoretical understanding of its basis.…

    • 1210 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    Jurisprudence Revision

    • 10018 Words
    • 41 Pages

    Exploring the question of how particular laws come to be included within legal systems is a characteristic question of some theories known as theories of legal positivism…

    • 10018 Words
    • 41 Pages
    Powerful Essays