The Constitution Of Markets

Author by : Viktor Vanberg
Languange : en
Publisher by : Psychology Press
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Description : This book examines the institutional dimension of markets and the rules and institutions that condition the operation of market economies.


Constitutions Markets And Law

Author by : Stefan Voigt
Languange : en
Publisher by : Edward Elgar Pub
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Total Read : 92
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Description : Papers from a workshop held at the Institute for Advanced Study, in Berlin, 2000.


The Constitution Of Private Governance

Author by : Harm Schepel
Languange : en
Publisher by : Bloomsbury Publishing
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Total Read : 31
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Description : In quantity and importance, private standards are rapidly taking over the role of public norms in the international and national regulation of product safety. This book provides a comprehensive overview of the rise, role and status of these private product safety standards in the legal regulation of integrating markets. In international and regional trade law as in European and American constitutional and administrative law, tort law and antitrust law, the book analyses the ways in which legal systems can and do recognise private norms as 'law.' This sociological question of law's recognition of private governance is indissolubly connected with a normative question of democratic theory: can law recognize legal validity and democratic legitimacy outside the constitution, without constitutional political institutions and beyond the nation state? Or: can law 'constitute' private transnational governance? The book offers the first systematic treatment of European, American and international 'standards law' in the English language, and makes a significant contribution to the study of the processes of globalization and privatization in social and legal theory. For the thesis on which this book was based Harm Schepel was awarded the first EUI Alumni Prize for the "best interdisciplinary and/or comparative thesis on European issues" written at the EUI in recent years.


The Constitution And Economic Regulation

Author by : Michael Conant
Languange : en
Publisher by : Transaction Publishers
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Description : This study uses basic economic analysis as a technique to comment critically on the original meaning and the interpretation of those clauses of the Constitution that have particular bearing on the economy. Many new conclusions are markedly different from those of the Supreme Court and earlier commentators. Conant's view is that the commerce clause and the equal protection clause, if they had been construed consistently with their comprehensive original meanings, would have given much greater federal protection against state laws that impaire free markets. Economic policy for the nation was vested in Congress. To the extent that special interests could buy congressional favor for their anticompetitive activities, free markets were impaired within constraints as interpreted by the court. These decisions have been criticized for their failure to incorporate the antimonopoly tradition in the Ninth Amendment and their failure to recognize equal protection of laws incorporated into the Fifth Amendment. Conant holds that statutory controls of the economy are justifiable in economic theory if they are designed to remedy market failures and thereby increase efficiency. If statutes are passed to interfere with markets and create market inefficiencies for the benefit of special interest groups, they should be condemned under the standards of normative microeconomics. There are four main classes of market failure: monopoly, externalities, public goods, and informational asymmetry. This masterful analysis examines all four reasons for market failure in depth. Litigation costs are analogous to transaction costs. If legal principles and rules are clearly and precisely defined by the Supreme Court when they are first appealed, litigation and its costs should be minimized. Conant claims that if legal principles or rules are uncertain because they lack definable standards, the number of legal actions filed and litigation costs will be much greater. This promotes additional litigation challenging the many statutes enacted to remedy asserted market failures in an expanding industrial economy. This work brilliantly addresses the danger to the economy in court rulings seeking to legislate standards of reasonableness.


The Economy As A Polity The Political Constitution Of Contemporary Capitalism

Author by : Christian Joerges
Languange : en
Publisher by : Routledge
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Description : The debate about so-called economic globalization has reached a new phase. The hegemony of neo-liberal thinking has ended, in the face of both the increased and increasingly effective resistance to the social consequences of neo-liberal market-making - rising inequality and insecurity throughout the world - and the visibly dysfunctional effects of lack of regulation - currency and stock market crashes, among others. Thus, the story about 'the rise and fall of market society', which was first told in these terms by Karl Polanyi sixty years ago, is about to receive a new chapter. In this light, this volume offers a novel perspective on the interaction between states and markets. In contrast to much of current theoretical wisdom, we hold, with Polanyi, that markets cannot even be consistently thought of as self-regulating. Markets are always constituted by framework conditions that cannot be set by the markets themselves. The range and scope of market rules requires some agreement, or at least acceptance, for economic exchange to be working at all; in democratic societies, these rules are at least theoretically always subject to political debate and decision. To put the issue in theoretical terms: even the most pure version of economic liberalism always entails at the same time a political philosophy. This volume, thus, proposes to understand contemporary capitalism by regarding the economy as a polity, as an arrangement that is always constituted by some collective agreements about its mode of operation. Such theoretical position on its own, though, is insufficient to explain the workings of capitalism once and for all. Historical experiences with capitalism have led to transformations that require new angles of analysis. It is in the nature of the struggles over the embedding of markets that their outcomes are subject to historical contingency and cannot be completely known beforehand. Beyond a review of the theoretical tools at hand, therefore, the analysis of the contemporary constellation of capitalism, also requires an understanding of its recent transformations. This is the second task to which this volume is devoted - through analyses of the current state of regulation of labour and money and through investigations of the historical development and novel forms of the mode of embedding markets. While focusing on the renewal of the analysis of contemporary capitalism, the volume also points to fruitful directions of institutional or policy change and provides perspectives for a much-needed political renewal, with a particular focus on the European Union as a novel polity embedding the European economy.


The Constitution Of Liberty In The Open Economy

Author by : Luder Gerken
Languange : en
Publisher by : Routledge
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Description : In these heady days of ever increasing globalization it has become vital to question whether governments should be allowed to protect domestic enterprises from foreign competitors. This book represents a first attempt to provide a new conceptual basis for discussing the cases in which free trade should be the option of choice in trade policy and those in which protectionism should be used. Lüder Gerken expands the economic tool of ordo-liberalism, founded by Walter Eucken and developed by Friedrich von Hayek, to make it applicable to foreign trade. With impressive clarity and ingenuity, Gerken powerfully argues a scientific case for free trade as a best practice solution to the demands of globalization


Socio Economic Rights In Emerging Free Markets

Author by : Surya Deva
Languange : en
Publisher by : Routledge
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Total Read : 93
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Description : In the last decade or so, China and India have emerged on the global stage as two powerful free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap. This growth has not, however, been without problems. Apart from worrying levels of environmental pollution, a significant number of people are still struggling to live a decent life as they do not have adequate access to basic needs such as food, health services, education, water, and housing. The traditional old age support mechanism is collapsing amidst push for urbanisation and the practice of nuclear families, while the alternative social security system has not been put in place. Both China and India stress the importance of socio-economic rights, have ratified the International Covenant on Economic, Social and Cultural Rights and have in place a strong legal framework for the realisation of such rights. The constitutions of China and India accord significant importance to socio-economic rights and the both countries have numerous laws, regulations and policies that seek to implement various socio-economic rights. This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.


Against The Current Privatization Water Markets And The State In Chile

Author by : Carl J. Bauer
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 68
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Description : In 1981 Chile's military government dictated a new Water Code that radically changed the country's previous water rights system by strengthening private property rights, favoring market incentives, and reducing state regulation. Against the Current: Privatization, Water Markets, and the State in Chile is the first empirical and interdisciplinary study of water markets in Chile, which is the leading international example of free market water policies. Against the Current: Privatization, Water Markets, and the State in Chile challenges the glowing reports given by neoliberals in Chile and the World Bank, showing that the results of this economic experiment have actually been rather mixed. Within the agricultural sector the Water Code has worked fairly well, although the market incentives to conserve water have been ineffective and water rights trading has been less active than expected. The Code's impact has been more negative at the level of river basins, where the institutional framework has revealed critical flaws in coordinating multiple water users and resolving conflicts. Against the Current: Privatization, Water Markets, and the State in Chile combines law, political economy, and geography to analyze the disadvantages, problems, and wider contexts of water markets. This book will appeal to everyone interested in property rights, market-friendly environmental policies, the political economy of sustainable development, and the intersection of economics with law and institutions.


Constructing Quality

Author by : Jens Beckert
Languange : en
Publisher by : Oxford University Press
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Total Read : 21
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Description : For market exchange to be possible, purchasers and suppliers of goods must be able to assess the quality of a product in relation to other products. Only by recognizing qualities and perceiving quality differences can purchasers make non-random choices, and price differences between goods be justified. The authors in this volume investigate the processes through which goods are "qualified." They also investigate how product qualities are contested and how theychange over time. The empirical cases discussed cover a broad range of markets in which quality is especially difficult to assess. The cases include: halal food, funeral markets, wine, labor, school choice, financial products, antiques, and counterfeit goods.


The Pox Of Liberty

Author by : Werner Troesken
Languange : en
Publisher by : University of Chicago Press
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Total Read : 69
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Description : "Werner Troesken looks at the history of the United States with a focus on three diseases (smallpox, typhoid fever, and yellow fever) to show how constitutional rules and provisions that promoted individual liberty and economic prosperity also influenced, for good and for bad, the country's ability to eradicate infectious disease. Ranging from federalism under the Commerce Clause to the Contract Clause and the Fourteenth Amendment, Troesken argues persuasively that many institutions intended to promote desirable political or economic outcomes also hindered the provision of public health"--Dust jacket.


The Constitution Of Development

Author by : S. Shivakumar
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 90
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Description : Examining the foundations of development, Shivakumar describes how societies can reconstitute themselves to improve their developmental well-being. He argues that the unitary state focus in theory and practice limits the creative potential of individuals to improve their mutual well-being through crafting capabilities for self-governance. This is a significant contribution to current discussions on institutional foundations of development, providing practical guidance on what it means to constitute a government that facilitates rather than impedes progress.


Constructing Quality

Author by : Christine Musselin
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 86
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Description : This text explores how value and quality are established in markets and society by means of a series of empirical studies across a diverse set of topics. It contributes to the sociology of markets, as well as connecting to the larger issue of the constitution of social order through classification.


Market Integration And Public Services In The European Union

Author by : Marise Cremona
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 38
Total Download : 459
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Description : In a period when the nature and scope of the European internal market is hotly contested, this collection offers a topical analysis of the most pressing issues relating to market integration and public services in the EU. As the debate continues over the balance between state control and market freedom, questions are also raised about the relationship between EU regulation and national policy choices and the 'joint responsibility' of the Union and the Member States. Outlining the most important current issues relating to market integration and public services in the EU, this book also addresses the underlying, systemic questions of the relation between public services and markets, and services and the consumer. Chapters also examine the application of state aids and procurement law to public services. The final two chapters focus on two public service sectors where the mix of Treaty rules, case law, and legislation has operated in rather different ways: public service media and health services


Economic And Social Integration

Author by : Dagmar Schiek
Languange : en
Publisher by : Edward Elgar Publishing
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Total Read : 20
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Description : 'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis – for example fiscal union – appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' – Michelle Everson, Birkbeck College, University of London, UK 'Is there a "European social space"? What is the place of "social integration" alongside "economic integration" in the EU? Has a "socially embedded constitutionalism" been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' – Norbert Reich, Universität Bremen, Germany 'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' – Tonia Novitz, University of Bristol, UK This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labour law, and welfare state theory. Undergraduate students in labour law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.


The Many Constitutions Of Europe

Author by : Suvi Sankari
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 89
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Description : This volume makes a contribution to the ongoing lively discussion on European constitutionalism by offering a new perspective and a new interpretation of European constitutional plurality. The book combines diverse disciplinary approaches to the constitutional debate. It brings together complementing contributions from scholars of European politics, economics, and sociology, as well as established scholars from various fields of law. Moreover, it provides analytical clarity to the discussion and combines theory with more practical and critical approaches that make use of the constitutional toolbox in analysing the tensions between the different constitutions. The collection is a valuable point of reference not only for scholars interested in European studies but also for graduate and post-graduate students.


Economic Liberties And The Constitution

Author by : Bernard H. Siegan
Languange : en
Publisher by : Transaction Publishers
Format Available : PDF, ePub, Mobi
Total Read : 21
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Description : In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare—most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason—the necessity—for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.


The European Banking Union And Constitution

Author by : Stefan Grundmann
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 70
Total Download : 464
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Description : In 2012, at the height of the sovereign debt crisis, European decision makers pushed for developing an 'ever closer union' with the formation of a European Banking Union (BU). Although it provoked widespread debate, to date there has been no coherent discussion of the political and constitutional dimensions of the European Banking Union. This important new publication fills this gap. Drawing on the expertise of recognised experts in the field, it explores banking union from legal, economic and political perspectives. It takes a four-part approach. Firstly, it sets the scene by examining the constitutional foundations of banking union. Then in parts 2 and 3, it looks at the implications of banking union for European integration and for democracy. Finally it asks whether banking union might be more usefully regarded as a trade-off between integration and democracy. This is an important, timely and authoritative collection.


The Constitutional Law Of The European Union

Author by : James Dinnage
Languange : en
Publisher by : LexisNexis/Matthew Bender
Format Available : PDF, ePub, Mobi
Total Read : 20
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Description : Orientation -- The relationship of eu law with the law of the member states -- The components of eu law -- Interaction of the EU and international legal systems -- Leglislative competences' general themes -- Regulation of the marketing and sale of goods -- Regulation of trades, professions and businesses -- Regulation of market conduct -- State involvement in economic activity -- State finances and financial controls -- External relations -- Eu citizenship rights -- Personal rights -- Reform and transformation


Energy Networks And The Law

Author by : Martha M. Roggenkamp
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 63
Total Download : 568
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Description : Energy supply depends on the means of transport to the consumer. Cables and pipelines are necessary to transport oil, gas, and electricity. Their construction and use depend on developments in technology, policies, and laws. This book analyzes the challenges confronting governments, regulators, and network operators in managing energy networks.


The New Carbon Economy

Author by : Peter Newell
Languange : en
Publisher by : John Wiley & Sons
Format Available : PDF, ePub, Mobi
Total Read : 85
Total Download : 355
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Description : The New Carbon Economy provides a critical understanding ofthe carbon economy. It offers key insights into the constitution,governance and effects of the carbon economy, across a variety ofgeographical settings. Examines different dimensions of the carbon economy from arange of disciplinary angles in a diversity of settings Provides ways for researchers to subject claims ofnewness and uniqueness to critical scrutiny Historicizes claims of the 'newness' of the carbon economy Covers a range of geographical settings including Europe, theUS and Central America


How Progressives Rewrote The Constitution

Author by : Richard Allen Epstein
Languange : en
Publisher by : Cato Institute
Format Available : PDF, ePub, Mobi
Total Read : 89
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Description : Richard A. Epstein traces the Old Court's treatment of federalism and economic liberty and shows how early 20th-century progressives prevailed eventually in undermining those principles, supplanting competitive markets with government-created cartels and monopolies


The Constitution For Europe

Author by : Marcel Kielhorn
Languange : en
Publisher by : LIT Verlag Münster
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 156
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Description : A Constitution for Europe: Why do we need it? Is it really better than the current treaty-based system? Which difficulties faces the ratification process? This book answers these questions and provides an analysis of the Treaty establishing a Constitution for Europe. It visualizes the huge importance of the document for a working EU, emphasizes the prospects of a really unified continent and shows that Europe as well as the EU stands at the crossroads of its future fate. Hopefully, its politicians and people do not decide to turn into a blind alley.


Justice In The United States

Author by : Judith Blau
Languange : en
Publisher by : Rowman & Littlefield Publishers
Format Available : PDF, ePub, Mobi
Total Read : 62
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Description : All populations, including people living in the United States experience new vulnerabilities with globalization. Peoples' jobs are threatened; there are pressures to migrate; and environmental degradation is epidemic. Immense wealth is concentrated in the hands of a tiny elite. Other countries have revised their constitutions to protect their citizens from these turbulent forces. The US is a major exception, and this book proposes how Americans might think about constitutional revisions.


Rural Voices And The Constitution

Author by : Anonim
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 39
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Description : "This publication reflects on the voices of rural people in the ongoing constitutional reform and constitution making process in Zambia which was initiated by the late President Dr Levy Patrick Mwanawasa SC, in 2003. It addresses the concerns of the people who are often left out of organized governmental structures and elite dominated politics"--Preface.


Lombard Street A Description Of The Money Market

Author by : WALTER BAGEHOT
Languange : en
Publisher by : BEYOND BOOKS HUB
Format Available : PDF, ePub, Mobi
Total Read : 45
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Description : Walter Bagehot's Lombard Street, published in 1873 in the wake of a devastating London bank collapse, explained in clear and straightforward terms why central banks must serve as the lender of last resort to ensure liquidity in a faltering credit system. Bagehot's book set down the principles that helped define the role of modern central banks, particularly in times of crisis--but the recent global financial meltdown has posed unforeseen challenges. The New Lombard Street lays out the innovative principles needed to address the instability of today's markets and to rebuild our financial system. Revealing how we arrived at the current crisis, Perry Mehrling traces the evolution of ideas and institutions in the American banking system since the establishment of the Federal Reserve in 1913. He explains how the Fed took classic central banking wisdom from Britain and Europe and adapted it to America's unique and considerably more volatile financial conditions. Mehrling demonstrates how the Fed increasingly found itself serving as the dealer of last resort to ensure the liquidity of securities markets--most dramatically amid the recent financial crisis. Now, as fallout from the crisis forces the Fed to adapt in unprecedented ways, new principles are needed to guide it. In The New Lombard Street, Mehrling persuasively argues for a return to the classic central bankers' "money view," which looks to the money market to assess risk and restore faith in our financial system. A financial classic, Lombard Street continues to be widely read by those with a professional interest in the finance and banking industry'--more than a century after its first publication in 1873. Lombard's author, Walter Bagehot (1826 - 1877), was one of the most influential journalists of the mid-Victorian period and wrote extensively about literature, government and economic affairs. Bagehot was an economist, political analyst and editor-in-chief of The Economist. Among his voluminous writings, his most reputable offerings are the two books, The English Constitution and this publication, Lombard Street. Lombard Street: A Description of the Money Market, started life in 1858 as a series of articles that Bagehot wrote for The Economist. It was rewritten twice and revised with extensive labor and care before finally being published in 1873. Lombard Street is thus a departure into economic and financial studies, applying keen observation and analysis of the business of banking. Bagehot dissected the Bank of England's foundations, economic incentives, goals, and functions. It might perhaps not be too much to say that the theory of a one-reserve system of banking, and how to work it, originated in Lombard Street and the articles that were its foundation. Subsequently, the constitutions of most national Central Banks were reinvented and forever changed as a consequence. The U.S. Federal Reserve and the International Monetary Fund (IMF) have since been influenced by the enduring independent thought and extraordinary clarity provided by Bagehot in this famous book. This new edition has been completely re-typeset, correcting many editorial issues inherent within the original print. Additionally, we have also included the 1844 Bank Charter as it was in-acted at the time, referred to in the text as "Peel's Act" and at times, "Act of 1844", as we feel this may be of some benefit to the reader.