The Economic Approach to Law

Author: Thomas J. Miceli

Publisher: Stanford University Press

ISBN: 0804746559

Category: Business & Economics

Page: 379

View: 9957

In recent decades, the economic approach to law has developed into a mainstream field of study for both legal scholars and economists. This book provides a textbook treatment of the subject, primarily directed toward undergraduate economics students. It presumes a basic familiarity with economic principles, but little knowledge of the law. An effort is made to show both how economic principles can explain the actual structure of the law, and how they can help to make the law more efficient. The book emphasizes unifying themes and methodologies rather than an exhaustive coverage of legal topics. To that end, the scope of analysis is limited to the basic common law areas of torts, contracts, and property, as well as the legal process and criminal law. The hope is that after reading the book, students can apply the basic principles to other areas of law.

The Economic Approach to Law, Second Edition

Author: CTI Reviews

Publisher: Cram101 Textbook Reviews

ISBN: 1467259675

Category: Education

Page: 54

View: 548

Facts101 is your complete guide to The Economic Approach to Law, Second Edition. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.

Antitrust Law, Second Edition

Author: Richard A. Posner

Publisher: University of Chicago Press

ISBN: 9780226675787

Category: Law

Page: 304

View: 4070

When it was first published a quarter of a century ago, Richard Posner's exposition and defense of an economic approach to antitrust law was a jeremiad against the intellectual disarray that then characterized the field. As other perspectives on antitrust law have fallen away, Posner's book has played a major role in transforming the field of antitrust law into a body of economically rational principles largely in accord with the ideas set forth in the first edition. Today's antitrust professionals may disagree on specific practices and rules, but most litigators, prosecutors, judges, and scholars agree that the primary goal of antitrust laws should be to promote economic welfare, and that economic theory should be used to determine how well business practices conform to that goal. In this thoroughly revised edition, Posner explains the economic approach to new generations of lawyers and students. He updates and amplifies his approach as it applies to the developments, both legal and economic, in the antitrust field since 1976. The "new economy," for example, has presented a host of difficult antitrust questions, and in an entirely new chapter, Posner explains how the economic approach can be applied to new industries such as software manufacturers, Internet service providers, and those that provide communications equipment and services. "The antitrust laws are here to stay," Posner writes, "and the practical question is how to administer them better-more rationally, more accurately, more expeditiously, more efficiently." This fully revised classic will continue to be the standard work in the field.

Economic Foundations of Law second edition

Author: Stephen Spurr

Publisher: Routledge

ISBN: 1136937617

Category: Business & Economics

Page: 328

View: 5036

Economic Foundations of Law (2nd ed.) provides an economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation and labor law. In line with current trends in legal scholarship, discussion is focused on economic principles such as risk aversion, efficiency, opportunity cost, moral hazard, rent-seeking behaviour and economies of scale. Accessible, comprehensive and well written, this book uses extensive practical examples and explanations to illustrate key points. There are numerous applications to lawyers and the legal profession, with detailed discussions of subjects as diverse as the proposed market for transplantable human organs, the market for adoptions, the market for bail bonds, the unanticipated effects of Megan’s law, and issues of racial profiling. Fully updated and revised, a new chapter on labor law has also been included.

The Elgar Companion to Social Economics, Second Edition

Author: John B. Davis,Wilfred Dolfsma

Publisher: Edward Elgar Publishing

ISBN: 1783478543

Category: Business & Economics

Page: 800

View: 2972

Social economics is a dynamic and growing field that emphasizes the key roles social values play in the economy and economic life. This second edition of the Elgar Companion to Social Economics revises all chapters from the first edition, and adds impo

Economics and the Law

From Posner to Postmodernism and Beyond - Second Edition

Author: Nicholas Mercuro,Steven G. Medema

Publisher: Princeton University Press

ISBN: 0691125724

Category: Business & Economics

Page: 385

View: 1033

This is an expanded second edition of Nicholas Mercuro and Steven Medema's influential book Economics and the Law, whose publication in 1998 marked the most comprehensive overview of the various schools of thought in the burgeoning field of Law and Economics. Each of these competing yet complementary traditions has both redefined the study of law and exposed the key economic implications of the legal environment. The book remains true to the scope and aims of the first edition, but also takes account of the field's evolution. At the book's core is an expanded discussion of the Chicago school, Public Choice Theory, Institutional Law and Economics, and New Institutional Economics. A new chapter explores the Law and Economics literature on social norms, today an integral part of each of the schools of thought. The chapter on the New Haven and Modern Civic Republican approaches has likewise been expanded. These chapters are complemented by a discussion of the Austrian school of Law and Economics. Each chapter now includes an "At Work" section presenting applications of that particular school of thought. By providing readers with a concise, noncritical description of the broad contours of each school, this book illuminates the fundamental insights of a field with important implications not only for economics and the law, but also for political science, philosophy, public administration, and sociology.

The Economic Structure of Tort Law

Author: William M. Landes,Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674230514

Category: Business & Economics

Page: 329

View: 2642

Written by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.

The Second Wave of Law and Economics

Author: Megan Richardson,Gillian Kereldena Hadfield

Publisher: Federation Press

ISBN: 9781862873162

Category: Law

Page: 144

View: 6566

How best can the analyses and insights of economics inform legal theory and "improve" legal decision-making? The contribution of the first wave of law and economics scholars was marked by dogmatic adherence to the free market ideals of the Chicago school. Today, the second wave places greater emphasis on empirical data and accepts a much wider range of non-economic values - an approach which offers promise of an objective and balanced reception of law and economics by the courts. This book demonstrates the richness and value of the second wave. The contributors include judges from the High Court of Australia and the Court of Appeal, New Zealand and academics from the Universities of Toronto, Melbourne and Cambridge.

Freedom of Contract and Paternalism

Prospects and Limits of an Economic Approach

Author: P. Cserne

Publisher: Springer

ISBN: 1137000325

Category: Business & Economics

Page: 194

View: 4119

A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.

The Anatomy of Corporate Law:A Comparative and Functional Approach

Author: Reinier H. Kraakman

Publisher: Oxford University Press on Demand

ISBN: 019956583X

Category: Business & Economics

Page: 322

View: 2949

This is the second edition of this highly regarded comparative overview of corporate law. It argues that the main function of corporate law is to address conflicts of interests and that, despite economic and social diversity, legal strategies employed across jurisdictions are surprisingly similar.

Guns in American Society: An Encyclopedia of History, Politics, Culture, and the Law, 2nd Edition [3 volumes]

An Encyclopedia of History, Politics, Culture, and the Law

Author: Gregg Lee Carter

Publisher: ABC-CLIO

ISBN: 0313386714

Category: History

Page: 1096

View: 3870

Thoroughly updated and greatly expanded from its original edition, this three-volume set is the go-to comprehensive resource on the legal, social, psychological, political, and public health aspects of guns in American life. • 450 alphabetically organized entries, including 100 new for this edition, covering key issues (suicide, video games and gun violence, firearm injury statistics) and events (workplace shootings, the Virginia Tech massacre) • 102 expert contributors from all academic fields involved in studying the causes and effects of gun violence • A chronology of pivotal moments and controversies in the history of firearm ownership and use in the United States • An exhaustive bibliography of print and online resources covering all aspects of the study of guns in the United States • Appendices on federal gun laws, state gun laws, and pro- and anti-gun-control organizations

Trade-Offs

An Introduction to Economic Reasoning and Social Issues, Second Edition

Author: Harold Winter

Publisher: University of Chicago Press

ISBN: 0226924505

Category: Business & Economics

Page: 192

View: 6470

When economists wrestle with issues such as unemployment, inflation, or budget deficits, they do so by incorporating an impersonal, detached mode of reasoning. But economists also analyze issues that, to others, typically do not fall within the realm of economic reasoning, such as organ transplants, cigarette addiction, overeating, and product safety. Trade-Offs is an introduction to the economic approach to analyzing these controversial public policy issues. Harold Winter provides readers with the analytical tools needed to identify and understand the trade-offs associated with these topics. By considering both the costs and benefits of potential policy solutions, Winter stresses that real-world decision making is best served by an explicit recognition of as many trade-offs as possible. This new edition incorporates recent developments in policy debates, including the rise of “new paternalism,” or policies designed to protect people from themselves; alternative ways to increase the supply of organs available for transplant; and economic approaches to controlling infectious disease. Intellectually stimulating yet accessible and entertaining, Trade-Offs will be appreciated by students of economics, public policy, health administration, political science, and law, as well as by anyone who follows current social policy debates.

Environmental Law in Development

Lessons from the Indonesian Experience

Author: N. Niessen

Publisher: Edward Elgar Publishing

ISBN: 1847202918

Category: Business & Economics

Page: 360

View: 6230

. . . an important addition to the small, but growing, published literature on the development of environmental law in developing countries. It will be of interest to academics and those involved in law development in Indonesia and the other developing countries. Jennifer Mohamed-Katerere, Journal of Environmental Law This book asks whether environmental law and policy in developed countries can be successfully transferred to developing countries. It questions whether developing countries are indeed ready and able to implement new ideas from the developed world, such as the integration of environmental law, and use of market-oriented instruments. The authors draw insights from the case of Indonesia, where they have experience of drafting environmental legislation, and which is itself in the early stages of development. Through these insights they seek to understand why environmental law that has been well developed in theory, can in practice be difficult to monitor and adequately enforce. Indeed, a further question central to the book is why developing environmental law does not necessarily result in an efficient environmental policy. Taking a comparative perspective, and using a multi-faceted methodology that draws on constitutional and administrative law, human rights law, criminal and liability law and international law, as well as law and economics, the authors conclude with an outline of some of the lessons that can be learnt by other jurisdictions seeking to develop environmental law. Lawyers, environmental engineers and social scientists involved in environmental law and policy in developing countries will find much to interest them in this book, as will those concerned with development studies or with a particular interest in the case of Indonesia.

The Elgar Companion to Law and Economics

Author: Jürgen G. Backhaus

Publisher: Edward Elgar Publishing

ISBN: 9781845425500

Category: Business & Economics

Page: 763

View: 4232

Acclaim for the first edition: Backhaus s book is a good companion. Pablo Salvador Coderch, Indret A most valuable collection of papers serving to provide the reader both with an overview of some key areas in law and economics and with a biographical introduction to the work of some important, if also neglected, sources of scholarship in the discipline. Anthony I. Ogus, CBE, University of Manchester, UK This thoroughly updated and revised edition of a popular and authoritative reference work introduces the reader to the major concepts and leading contributors in the field of law and economics. The Companion features accessible, informative and provocative entries on all the significant issues, and breaks new ground by bringing together widely dispersed yet theoretically congruent ideas. Following a comprehensive introduction by the editor, the renowned contributors look in detail at several critical areas including: fundamentals of the law and economics approach private law and economics public law and economics labour law and economics regulation, taxation and public enterprise dispute resolution different sources of the law economic analysis of a legal problem classical authors in law and economics. Students and scholars interested in a comprehensive and rigorous overview of the field of law and economics will find this volume to be a unique and welcome resource. The Companion will also have a broad appeal amongst industrial economists and historians of economic thought.

The History of Economic Thought

A Reader; Second Edition

Author: Steven G Medema,Warren J. Samuels

Publisher: Routledge

ISBN: 1136742883

Category: Business & Economics

Page: 770

View: 7037

From the ancients to the moderns, questions of economic theory and policy have been an important part of intellectual and public debate, engaging the attention of some of history’s greatest minds. This book brings together readings from more than two thousand years of writings on economic subjects. Through these selections, the reader can see first-hand how the great minds of past grappled with some of the central social and economic issues of their times and, in the process, enhanced our understanding of how economic systems function. This collection of readings covers the major themes that have preoccupied economic thinkers throughout the ages, including price determination and the underpinnings of the market system, monetary theory and policy, international trade and finance, income distribution, and the appropriate role for government within the economic system. These ideas unfold, develop, and change course over time at the hands of scholars such as Aristotle, St. Thomas Aquinas, John Locke, François Quesnay, David Hume, Adam Smith, Thomas Robert Malthus, David Ricardo, John Stuart Mill, Karl Marx, William Stanley Jevons, Alfred Marshall, Irving Fisher, Thorstein Veblen, John Maynard Keynes, Milton Friedman, and Paul Samuelson. Each reading has been selected with a view to both enlightening the reader as to the major contributions of the author in question and to giving the reader a broad view of the development of economic thought and analysis over time. This book will be useful for students, scholars, and lay people with an interest in the history of economic thought and the history of ideas generally.

Integrating Human Rights into Development, Second Edition

Donor Approaches, Experiences, and Challenges

Author: OECD,World Bank

Publisher: World Bank Publications

ISBN: 0821396226

Category: Political Science

Page: 308

View: 373

This joint World Bank/OECD volume is the second edition of a 2006 study which charts donor approaches, experiences, and challenges integrating human rights into development policy. It analyses a range of rationales for donor approaches to human rights and results these have yielded in policies, programs and projects.

Norms in a Wired World

Author: Steven A. Hetcher

Publisher: Cambridge University Press

ISBN: 9781139451147

Category: Philosophy

Page: 420

View: 6832

Social order is regulated from above by the law but its foundation is built on norms and customs, informal social practices that enable people to make meaningful and productive uses of their time and resources. Despite the importance of these practices in keeping the social fabric together, very little of the jurisprudential literature has focused on a discussion of these norms and customs. In Social Norms in a Wired World Steven Hetcher argues that the traditional conception of norms as rule-like linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behaviour maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory.