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Economic Foundations of Private Law

Economic Foundations of Private Law
Author: Richard A. Posner
Publisher: Edward Elgar Publishing
Total Pages: 720
Release: 2002
Genre: Business & Economics
ISBN:

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The articles are arranged by theme, with topics including the methodological foundations of law and economics, the efficiency of the common law hypothesis, the economics of property law and the Coase theorem, the economics of contracts and the economics of tort law.


Economic Foundations of Law second edition

Economic Foundations of Law second edition
Author: Stephen J. Spurr
Publisher: Routledge
Total Pages: 550
Release: 2010-06-24
Genre: Business & Economics
ISBN: 1136937617

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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 Code of Capital

The Code of Capital
Author: Katharina Pistor
Publisher: Princeton University Press
Total Pages: 315
Release: 2020-11-03
Genre: Business & Economics
ISBN: 0691208603

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"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.


Private Law, Nudging and Behavioural Economic Analysis

Private Law, Nudging and Behavioural Economic Analysis
Author: Antonios Karampatzos
Publisher: Routledge
Total Pages: 176
Release: 2020-01-14
Genre: Law
ISBN: 1000028178

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Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy. It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the ‘mandated-choice model’. The book is mainly dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach. The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law.


Foundations of Private Law

Foundations of Private Law
Author: James Gordley
Publisher: OUP Oxford
Total Pages: 496
Release: 2006-01-05
Genre: Law
ISBN: 0191021717

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Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.


Private Law in China and Taiwan

Private Law in China and Taiwan
Author: Yun-chien Chang
Publisher: Cambridge University Press
Total Pages: 361
Release: 2017
Genre: Law
ISBN: 1107154243

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Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.


Economic Foundations of Law

Economic Foundations of Law
Author: Stephen J. Spurr
Publisher: Routledge
Total Pages: 545
Release: 2019-02-06
Genre: Business & Economics
ISBN: 1351239767

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The third edition of Economic Foundations of Law introduces readers to the 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. No prior knowledge of law is required, but a prior course in the principles of microeconomics would be quite helpful. The text opens with a review of the basic principles of price theory and an overview of the legal system, to ensure readers are equipped with the tools necessary for economic analysis of the law. The third edition provides expanded or new coverage of key topics including intellectual property law, how the creation of new forms of property rights affects the conservation of species such as elephants and fish, controversies involving liability for medical malpractice and class actions, the transformation of personal injury litigation by the intervention of insurance companies as plaintiffs, how to predict the outcome of litigation with game theory, an economic analysis of the ownership and use of guns, bankruptcy law, and the economics of bank regulation. Comprehensive and well-written, this text is a compelling introduction to law and economics that is accessible to both economics and law students.


Theoretical Foundations of Law and Economics

Theoretical Foundations of Law and Economics
Author: Mark D. White
Publisher: Cambridge University Press
Total Pages: 303
Release: 2009
Genre: Business & Economics
ISBN: 0521889553

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A book-length examination of the methodology and philosophy of law and economics.


Pure Economic Loss in Europe

Pure Economic Loss in Europe
Author: Mauro Bussani
Publisher: Cambridge University Press
Total Pages: 641
Release: 2003-07-31
Genre: Law
ISBN: 113943862X

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How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive 2003 study of pure economic loss in Europe uses a fact-based comparative method and research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss.