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引用次数: 0
摘要
最近在美国和国外关于“大型科技公司和反垄断”的讨论主要是关于路易斯·d·布兰代斯(Louis D. Brandeis)和所谓的新布兰代斯运动(New Brandeis movement),也被称为“潮人反垄断”。尽管许多研究者——以及政治家——承认和认可布兰代斯的工作是值得称赞的,但也错过了一个顺便提到他而没有更深入地研究他的社会政治哲学的机会。本文试图填补这一学术文献的空白,并从经济和法律思想史的角度评价布兰代斯的成就和(理论)缺陷。本书通过仔细研究布兰代斯的生活和工作,并分析他的社会经济和法律哲学来实现这一点。此外,本文还探讨了可以从他的作品中吸取哪些教训,以及这些教训如何启发当今的政治话语。
Louis Brandeis - Founding Father of Modern-Day Antitrust?
The recent ‘big tech and antitrust' discourse in the U.S. and abroad is primarily dominated by references to Louis D. Brandeis and the so-called New Brandeis move- ment, also known as ‘hipster antitrust.' While it is laudable that many researchers - and politicians - acknowledge and recognize the work of Brandeis, it is also a missed opportunity to refer to him en passant and not investigate his socio-political philos- ophy in more depth. This paper attempts to fill this gap in the academic literature and evaluate Brandeis' achievements and (theoretical) shortcomings from a history of economic and legal thought perspective. It does so by taking a closer look at the life and work of Brandeis and analyzing his socio-economic and legal philosophy. Furthermore, the paper addresses the question of which lessons can be drawn from his work and how it could inspire today's political discourse(s).