Introduction 1. Woman's Place in Man's Life Cycle 2. Images of Relationship 3. Concepts of Self and Morality 4. Crisis and Transition 5. Women's Rights and Women's Judgment 6. Visions of Maturity References Index of Study Participants General Index

In a Different Voice. Psychological Theory and Women’s Development. Cambridge, MA (Harvard University Press) 1982.

Attachment--and loss.

As reflected in the amount of controversy, few areas in psychology have undergone such dramatic conceptual changes in the past decade as the emerging science of heuristics. Heuristics are efficient cognitive processes, conscious or unconscious, that ignore part of the information. Because using heuristics saves effort, the classical view has been that heuristic decisions imply greater errors than do “rational” decisions as defined by logic or statistical models. However, for many decisions, the assumptions of rational models are not met, and it is an empirical rather than an a priori issue how well cognitive heuristics function in an uncertain world. To answer both the descriptive question (“Which heuristics do people use in which situations?”) and the prescriptive question (“When should people rely on a given heuristic rather than a complex strategy to make better judgments?”), formal models are indispensable. We review research that tests formal models of heuristic inference, including in business organizations, health care, and legal institutions. This research indicates that (a) individuals and organizations often rely on simple heuristics in an adaptive way, and (b) ignoring part of the information can lead to more accurate judgments than weighting and adding all information, for instance for low predictability and small samples. The big future challenge is to develop a systematic theory of the building blocks of heuristics as well as the core capacities and environmental structures these exploit.

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Heuristic Decision Making

The articles in this special feature challenge the presumption that scholars can make simple, predictive models of social–ecological systems (SESs) and deduce universal solutions, panaceas, to problems of overuse or destruction of resources. Moving beyond panaceas to develop cumulative capacities to diagnose the problems and potentialities of linked SESs requires serious study of complex, multivariable, nonlinear, cross-scale, and changing systems. Many variables have been identified by researchers as affecting the patterns of interactions and outcomes observed in empirical studies of SESs. A step toward developing a diagnostic method is taken by organizing these variables in a nested, multitier framework. The framework enables scholars to organize analyses of how attributes of (i) a resource system (e.g., fishery, lake, grazing area), (ii) the resource units generated by that system (e.g., fish, water, fodder), (iii) the users of that system, and (iv) the governance system jointly affect and are indirectly affected by interactions and resulting outcomes achieved at a particular time and place. The framework also enables us to organize how these attributes may affect and be affected by larger socioeconomic, political, and ecological settings in which they are embedded, as well as smaller ones. The framework is intended to be a step toward building a strong interdisciplinary science of complex, multilevel systems that will enable future diagnosticians to match governance arrangements to specific problems embedded in a social–ecological context.

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A diagnostic approach for going beyond panaceas

Capitalism and Freedom

Philosophical Preliminaries A Tale of Two Pies Hobbesian Man, Lockean World The Integrity of Constitutional Text Takings Prima Facie Takings and Torts Partial Takings: The Unity of Ownership Possession and Use Rights of Disposition and Contract Taking from Many: Liability Rules, Regulations, and Taxes Justifications for Takings The Police Power: Ends The Police Power: Means Consent and Assumption of Risk Public Use and Just Compensation Public Use Explicit Compensation Implicit In-Kind Compensation Property and the Common Pool Regulation Taxation Transfer Payments and Welfare Rights Conclusion: Philosophical Implications Index of Cases General Index

Takings: Private Property and the Power of Eminent Domain

Preface Introduction: Too Many Lawyers, Too Much Law PART 1: CUTTING THROUGH COMPLEXITY 1. The Virtues of Simplicity 2. The Enemies of Simplicity PART 2: THE SIMPLE RULES 3. Autonomy and Property 4. Contract 5. Torts 6. Necessity, Coordination, and Just Compensation 7. Take and Pay PART 3: THE RULES IN ACTION 8. Contracting for Labor 9. Employment Discrimination and Comparable Worth 10. Professional Liability for Financial Loss 11. The Origins of Product Liability Law 12. The Contemporary Product Liability Scene 13. The Internal Life of the Corporation 14. The Corporation and the World 15. Environmental Protection and Private Property Conclusion: The Challenges to Simple Rules Notes Index of Statutes Index of Cases General Index

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Simple Rules for a Complex World

The economic forces governing transitions between different property rights regimes has been the source of extensive study since Demsetz's path breaking 1967 essay, "Toward a Theory of Property Rights." This paper offers first a general critique of that position, chiefly on the ground that it underestimates the practical difficulties of orchestrating efficient transitions in contexts where strong political forces are at play. Thereafter, the paper explores the movement among various systems that are used to allocate a particular public good, namely parking places on public streets. It examines both bottom-up systems that rely on analogues to the rule of first possession (in both clear and snowy weather) and top-down systems that use meters and permits as allocation devices. It offers explanations as to why the optimal rule will tend to vary with the density of traffic and generally opposes the use of special permits that limit occupancy to residences of certain neighborhoods, which effectively reduce the carrying capacity of a system of roads.

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The Allocation of the Commons: Parking and Stopping on the Commons

This paper examines and rejects the commonplace view that the doctrines of classical contract law (offer and acceptance, consideration, damages) were logically linked to the political philosophy of laissez-faire. Many writers (Grant Gilmore, Patrick Atiyah, Lawrence Friedman) attribute much of the rigid and mechanical nature of nineteenth century contract law to its affinity with laissez-faire. In this paper I reject that connection. The key distinction is that between security of exchange and freedom of contract. Laissez-faire is strongly committed to both, but most of contract law only requires the former without the latter. Security of exchange ensures that the enforcement of legal contracts when, as commonly is the case, one party must perform before the other. Freedom of contract guarantees a broad sphere in which voluntary arrangements are permissible. Most contract law is devoted to the former, which can be supported even by those who favor extensive regulation of economic transactions. The strength or weakness of that law is largely determined by instrumental questions of whether they promote stable contracting over time.

Contracts Small and Contracts Large: Contract Law Through the Lens of Laissez-Faire

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Richard A. Epstein

Papers

Takings: Private Property and the Power of Eminent Domain

Simple Rules for a Complex World

The Allocation of the Commons: Parking and Stopping on the Commons

Contracts Small and Contracts Large: Contract Law Through the Lens of Laissez-Faire

The Ubiquity of the Benefit Principle