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Just Financial Markets?Finance in a Just Society$
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Lisa Herzog

Print publication date: 2017

Print ISBN-13: 9780198755661

Published to Oxford Scholarship Online: May 2017

DOI: 10.1093/oso/9780198755661.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 January 2022

A capability framework for financial market regulation

A capability framework for financial market regulation

Chapter:
(p.56) 3 A capability framework for financial market regulation
Source:
Just Financial Markets?
Author(s):

Rutger Claassen

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198755661.003.0003

This chapter is about normative justifications for regulating markets. In leading handbooks as well as in the academic literature, a split is often made between economic justifications (based on the theory of market failure) and social justifications (mainly around considerations of paternalism and distributive justice). The chapter questions this dichotomy and calls for the development of an ethically coherent framework for market regulation. To do so, the chapter proposes to build on the capability approach, first developed by economist Amartya Sen and philosopher Martha Nussbaum. A capability approach to regulation would hold that markets should be regulated to the extent necessary for realizing a set of basic capabilities. The chapter discusses existing applications to property law and contract law and extends them into the outlines of a general theory of regulation. The final part illustrates the promises of such an approach with respect to the regulation of financial markets.

Keywords:   capability approach, capabilities, regulation, market failure, efficiency, paternalism, distributive justice, financial markets

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