ABSTRACT: Can criminal profit-seeking generate socially desirable outcomes? This article investigates this question by examining the economics of pirate tolerance. At a time when British merchant ships treated blacks as slaves, some pirate ships integrated black bondsmen into their crews as full-fledged and free members. This racial tolerance was not the product of enlightened notions of equality. Rather, it was forged in the self-interested context of the criminally-determined costs and benefits of pirate slavery. Analogous to Adam Smith’s invisible hand, whereby lawful commercial self-interest seeking can generate socially desirable outcomes, among pirates there was an “invisible hook,” whereby criminal self-interest seeking produced a socially desirable outcome in the form of racial tolerance.
The Invisible Hook: The Law and Economics of Pirate Tolerance
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Incorporation the Procedural Justice Model into Federal Sentencing Jurisprudence in the Aftermath of United States v. Booker: Establishing United States Sentencing Courts
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