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The aim of the following paper is to examine the complementarities (and divergences) between the paleoliberal Adam Smith and the ordoliberal Walter Eucken. Following the hypothesis that Smith is among the forerunners and predecessors of Ordoliberalism and Social Market Economy, we try to provide the reader with an insight into the socio-political philosophy of Smith and Eucken pointing at similarities and differences alike. Therefore, we base our examination on a systematic primary source text analysis comparing the books and essays written by Eucken and Smith. The paper tackles these questions in two main steps: The first part highlights Smith's and Eucken's complex and interdependent system of natural liberty. The second section reviews Smith's and Eucken's philosophy of the state.
Eucken's writings are rich in content not only from an (constitutional) economic perspective but also from an economic and business ethics perspective – an often neglected perspective of the reception of German Ordoliberalism in general and the Freiburg School of Economics in particular. The paper gives a first insight into the ethical-normative thinking of Eucken, as one of the main representatives of Ordoliberalism, and explains Eucken’s conception of Social Market Economy as a functioning and humane order as well as Eucken’s Kantian understanding of freedom. To conclude the essay tries to classify Eucken’s Ordoliberalism as a part of the spectrum of modern economic and business ethics.
As recent newspaper headlines show the topic of patents/patent laws is still heavily disputed. In this paper I will approach this topic from a theoretical-historical and history of economic thought-perspective. In this regard I will link the patent controversy of the nineteenth century with Walter Eucken’s Ordoliberalism – a German version of neoliberalism. My paper is structured as follows: The second chapter provides the reader with a historical introduction. At the heart of this paragraph are the controversy and discourse on patent laws in nineteenth century Europe as well as the pro and contra arguments presented by the anti-patent/free-trade movement respectively by the advocates of patent protection. The focus of my paper is on the struggle for the protection of inventions and innovations in nineteenth century Germany, since Walter Eucken, main representative of the Freiburg School of Law and Economics, picks up the counter-arguments presented in the national debate and in particular by the Kongress deutscher Volkswirthe. The third chapter deals intensively with the question whether patent laws are just ‘nonsense upon stilts’ from an ordoliberal perspective. Here, Eucken’s arguments against the current patent system are elaborated in great detail. The paper ends with a summary of my main findings.