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| Author | : Richard A. Posner |
| Publisher | : Harvard University Press |
| Total Pages | : 436 |
| Release | : 1983-08-16 |
| Genre | : Law |
| ISBN | : 9780674235267 |
Posner uses economic analysis to probe justice and efficiency, primitive law, privacy, and the constitutional regulation of racial discrimination.
| Author | : Klaus Mathis |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 222 |
| Release | : 2009-03-18 |
| Genre | : Law |
| ISBN | : 1402097980 |
Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.
| Author | : Margaret Oppenheimer |
| Publisher | : Routledge |
| Total Pages | : 465 |
| Release | : 2015-06-01 |
| Genre | : Business & Economics |
| ISBN | : 1317466438 |
The economic analysis of legal and regulatory issues need not be limited to the neoclassical economic approach. The expert contributors to this work employ a variety of heterodox legal-economic theories to address a broad range of legal issues. They demonstrate how these various approaches can lead to very different conclusions concerning the role of the law and legal intervention in a wide array of contexts. The schools of thought and methodologies represented here include institutional economics, new institutional economics, socio-economics, social economics, behavioral economics, game theory, feminist economics, Rawlsian economics, radical economics, Austrian economics, and personalist economics. The legal and regulatory issues examined include anti-trust and competition, corporate governance, the environment and natural resources, land use and property rights, unions and collective bargaining, welfare benefits, work-time regulation and standards, sexual harassment in the workplace, obligations of employers and employees to each other, crime, torts, and even the structure of government. Each contributor brings a different emphasis and provides thoughtful, sometimes provocative analysis and conclusions. Together, these heterodox insights will provide valuable supplementary reading for courses in law and economics as well as public policy and business courses at both the graduate and undergraduate levels.
| Author | : |
| Publisher | : |
| Total Pages | : |
| Release | : 2014-07-14 |
| Genre | : |
| ISBN | : 9781634080019 |
| Author | : Emma Coleman Jordan |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Distributive justice |
| ISBN | : 9781599419589 |
This casebook provides a means to further the conversation between critical legal scholarship and law and economics. It addresses such issues as what economics can tell us about democracy and the law, what theories of justice can tell us about economic theory and the law, and why no legal language addressing class in the United States exists, and what such a language might look like. It uses the problem of racial and gender injustice as a basis to interrogate both critical theory and economic theory. The Second Edition provides a timely new chapter on the financial collapse, the turmoil in modern macroeconomic theory, and the economic justice claims of borrowers who received predatory loans. The coverage expands to include the following: Origins of the Subprime Mortgage Crisis The Racial Wealth Gap and HomeownershipIdentity and WealthGlobal Interconnectedness of Financial Institutions and The Paradox of domestic discriminationWhat Happened to Economics? The Turmoil in the economics discipline and its failure to predict the housing bubble and collapseThe Inequality Machine: Cashflow Waterfalls and Predatory Loans: Greenwich Financial Services v Countrywide MortgageThe Contract Claims vs the Economic Justice Claims Bonuses: Democracy and Contracts: Listening to the Outrage. What is Fair? City of Baltimore v Wells Fargo California v Countrywide MortgageResistance and Self-Help Squatters Judicial nullification of foreclosure enforcement actions MERS Litigation- How Electronic Efficiencies in Property Recordation Failed the Requisites of Property Formality.
| Author | : Edward J. López |
| Publisher | : Palgrave MacMillan |
| Total Pages | : 324 |
| Release | : 2010-05-15 |
| Genre | : Business & Economics |
| ISBN | : |
"Published in cooperation with The Independent Institute."--T.p.
| Author | : Kaushik Basu |
| Publisher | : Cornell University Press |
| Total Pages | : 232 |
| Release | : 2021-08-15 |
| Genre | : Business & Economics |
| ISBN | : 1501759280 |
In Law, Economics, and Conflict, Kaushik Basu and Robert C. Hockett bring together international experts to offer new perspectives on how to take analytic tools from the realm of academic research out into the real world to address pressing policy questions. As the essays discuss, political polarization, regional conflicts, climate change, and the dramatic technological breakthroughs of the digital age have all left the standard tools of regulation floundering in the twenty-first century. These failures have, in turn, precipitated significant questions about the fundamentals of law and economics. The contributors address law and economics in diverse settings and situations, including central banking and the use of capital controls, fighting corruption in China, rural credit markets in India, pawnshops in the United States, the limitations of antitrust law, and the role of international monetary regimes. Collectively, the essays in Law, Economics, and Conflict rethink how the insights of law and economics can inform policies that provide individuals with the space and means to work, innovate, and prosper—while guiding states and international organization to regulate in ways that limit conflict, reduce national and global inequality, and ensure fairness. Contributors: Kaushik Basu; Kimberly Bolch; University of Oxford; Marieke Bos, Stockholm School of Economics; Susan Payne Carter, US Military Academy at West Point; Peter Cornelisse, Erasmus University Rotterdam; Gaël Giraud, Georgetown University; Nicole Hassoun, Binghamton University; Robert C. Hockett; Karla Hoff, Columbia University and World Bank; Yair Listokin, Yale Law School; Cheryl Long, Xiamen University and Wang Yanan Institute for Study of Economics (WISE); Luis Felipe López-Calva, UN Development Programme; Célestin Monga, Harvard University; Paige Marta Skiba, Vanderbilt Law School; Anand V. Swamy, Williams College; Erik Thorbecke, Cornell University; James Walsh, University of Oxford. Contributors: Kimberly B. Bolch, Marieke Bos, Susan Payne Carter, Peter A. Cornelisse, Gaël Giraud, Nicole Hassoun, Karla Hoff, Yair Listokin, Cheryl Long, Luis F. López-Calva, Célestin Monga, Paige Marta Skiba, Anand V. Swamy, Erik Thorbecke, James Walsh
| Author | : A. Mitchell Polinsky |
| Publisher | : Aspen Publishing |
| Total Pages | : 248 |
| Release | : 2018-07-23 |
| Genre | : Law |
| ISBN | : 1543802885 |
Distinguished by brevity, lucid writing, and well-chosen examples, An Introduction to Law and Economics, now in its Fifth Edition, focuses on a set of core topics that include property, contracts, torts, criminal law, and litigation. Avoiding specialized jargon and mathematics, Polinsky teaches students how to think like an economist and understand legal issues from an economic perspective. New to the Fifth Edition: A streamlining of the products liability chapter A revised discussion of the redistributive effects of legal rules to reflect more recent scholarship on this topic The addition of several other refinements in the text and in new footnotes An updated bibliography Professors and students will benefit from: Solid coverage of relevant economic principles A normative approach that illustrates how to assess legal rules and policies in terms of economic and social goals Clear explanations of concepts
| Author | : Jürgen Georg Backhaus |
| Publisher | : Springer |
| Total Pages | : 0 |
| Release | : 2018-02-15 |
| Genre | : Business & Economics |
| ISBN | : 9781461477525 |
Law and Economics deals with the economic analysis of legal relations, legal provisions, laws and regulations and is a research field which has a long tradition in economics. It was lost after the expulsion of some of the leading economists from Germany during 1933 to 1938, but then revived in Chicago. Both the subject of Law of Economics and the need for a concise Encyclopedia is particularly relevant in Europe today. Currently in the European Union there are several different legal cultures: the Anglo-Saxon legal framework, the German legal framework, which for example also includes Greece, and the Roman legal family—three jurisdictions which have to be covered with one and the same theory. In the EU, the task of the European Commission to interact with the various European jurisdictions means different legal cultures collaborating and some degree of harmonization is necessary. The result is an immediate need, if only for the science, to show how a given problem is solved in each legal tradition and jurisdiction. This Encyclopedia provides both a common language and precise definitions in the field, which will be useful in the future to avoid misunderstandings during harmonization of EU Law
| Author | : Thomas J. Miceli |
| Publisher | : Routledge |
| Total Pages | : 280 |
| Release | : 2018-03-08 |
| Genre | : Business & Economics |
| ISBN | : 1351596705 |
Law and economics is the field of study devoted to understanding laws and legal institutions using the tools of economic theory. This growing subject has become a mainstream area of study in both law schools and economics departments and this book explores the "law and economics" approach to some of the most interesting questions, issues, and topics in law, order, and justice. Contemporary Issues in Law and Economics considers what economists call the "positive" analysis of the law – that is, using economic theory to explain the nature of the law as it actually exists. As part of this approach the author examines questions such as, what is the economic basis for the predominance of negligence rules in tort law? And, what is the explanation for the illegality of blackmail? Furthermore, another set of questions arises where the law seems to depart from the prescriptions of economic theory, and these issues are also examined in this volume. For example, the deeply rooted norm of proportionality between punishments and crimes, and the use of escalating penalties for repeat offenders, are both explored. With self-contained chapters written in a non-technical style, this book offers a rigorous discussion of the above themes while remaining accessible to those without formal legal or economic training. It offers the ideal introduction to the field of law and economics while also providing a basis for students in more advanced courses.
