The Analytical Failures Of Law And Economics
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The Analytical Failures Of Law And Economics
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Author : Shawn Bayern
language : en
Publisher: Cambridge University Press
Release Date : 2023-09-28
The Analytical Failures Of Law And Economics written by Shawn Bayern and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-28 with Law categories.
This book critiques the law-and-economics movement by showing that many of its leading arguments fail, even on their own terms.
Law And Economics
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Author : Werner Zvi Hirsch
language : en
Publisher:
Release Date : 1979
Law And Economics written by Werner Zvi Hirsch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Economics categories.
Since the publication of the second edition of Law and Economics in 1988, there have been major developments in economics, jurisprudence, and in the field of law and economics. These changes are reflected in the updated and improved Third Edition. About 30% of the material in the new edition is different. The reader will find that the book incorporates recent scholarly contributions and court rulings on, for example, the Takings Clause of the constitution, the high-tech communication revolution in determining what constitutes a legal contract, no-fault insurance and its economic effects, and empirical cost-benefit analysis of environmental laws. Moreover, attention is paid to recent developments in anti-monopoly law as applied to high-tech information and communication firms. Students in management, policy, law, economics, and business programs, as well as law professionals, find the new edition of Law and Economics has kept up with the changing economic and legal climate. Key Features * Features new examinations of the takings clause of the Constitution, contract law, and tort law * Includes new cost-benefit analyses in chapters on criminal law and environmental law * Offers new insights into anti-monopoly laws, especially policies concerning high-tech industries
Law Economics And Conflict
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Author : C Marks Professor of International Studies Kaushik Basu
language : en
Publisher: Cornell Global Perspectives
Release Date : 2021
Law Economics And Conflict written by C Marks Professor of International Studies Kaushik Basu and has been published by Cornell Global Perspectives this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Globalization categories.
"The rise in global conflict, dramatic technological breakthroughs, and the floundering of traditional law and economics has precipitated a reexamination of the fundamentals of law and economics. This volume focuses on the new challenges arising from globalization, technological advance, and the social and political conflicts to which they give rise. Its contributors mull over the challenges of this new world and how we can steer a course giving individuals the space and freedom to work, innovate, earn, profit and prosper, and the state the wisdom to regulate and ensure that conflicts do not occur, externalities are managed, and some are not marginalized and impoverished, while others accumulate and prosper."--Provided by publisher.
Public Interest Law
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Author : Burton Allen Weisbrod
language : en
Publisher: Univ of California Press
Release Date : 1978-01-01
Public Interest Law written by Burton Allen Weisbrod and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978-01-01 with Law categories.
Monographic compilation of essays on public interest, law activities in the USA - presents theoretical analysis of failure of government policy to enhance public interest law, firm behaviour and volume of business, presents case studies in interest group advocacy for environmental protection, housing, employment, sex discrimination, consumer protection, occupational safety and occupational health, etc., and includes jurisprudence. Graphs, references and statistical tables.
Principles And Methods Of Law And Economics
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Author : Nicholas L. Georgakopoulos
language : en
Publisher: Cambridge University Press
Release Date : 2005-10-10
Principles And Methods Of Law And Economics written by Nicholas L. Georgakopoulos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-10 with Business & Economics categories.
The book juxtaposes economic analysis with moral philosophy, political theory, egalitarianism, and other methodological principles.
Law Economics And Evolutionary Theory
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Author : Peer Zumbansen
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Law Economics And Evolutionary Theory written by Peer Zumbansen and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Evolutionary theory belongs to the rare species of theories that are simultaneously fundamental and over-arching, implicating as it does numerous life contexts as well as an array of scholarly disciplines. Armed with a profound grasp of evolutionary theory and its implications to social research, Professors Zumbansen and Calliess have mobilized an appropriately diverse and truly stellar group of academics to investigate how this theory may provide new insights about law, economics, and their inter-relations. Cast against an especially broad intellectual backdrop set by the editors, this volume is sure to become a standard reference in literature. Amir N. Licht, Radzyner School of Law, Israel Zumbansen and Calliess have done a wonderful job in assembling papers from the leading scholars in the field, who draw on evolutionary approaches for explaining developments in both economics and the law. Anybody interested in issues of institutional change will be inspired by the wealth of ideas and the diversity of perspectives. Stefan Voigt, University of Hamburg, Germany Law and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics such as institutions , institutional change and market failure that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of law and economics by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging.
Law Economics And Morality
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Author : Eyal Zamir
language : en
Publisher: Oxford University Press
Release Date : 2010-02-24
Law Economics And Morality written by Eyal Zamir and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-24 with Law categories.
Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis (CBA) is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good (or bad) is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking in methodological rigor and precision. Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism.
Law And Economics
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Author : Aristides N. Hatzis
language : en
Publisher: Routledge
Release Date : 2015-02-11
Law And Economics written by Aristides N. Hatzis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-11 with Business & Economics categories.
The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States and its influence is growing steadily throughout Europe, Asia, and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented, as is its influence on the law. Academically every major law school in the United States has a Law and Economics program and the emergence of similar programs on other continents continues to accelerate. Despite its phenomenal growth, the area is also the target of an ongoing critique by lawyers, philosophers, psychologists, social scientists, even economists since the late 1970s. While the critique did not seem to impede the development of the field, it certainly has helped it to become more sophisticated, inclusive, and mature. In this volume some of the leading scholars working in the field, as well as a number of those critical of Law and Economics, discuss the foundational issues from various perspectives: philosophical, moral, epistemological, methodological, psychological, political, legal, and social. The philosophical and methodological assumptions of the economic analysis of law are criticized and defended, alternatives are proposed, old and new applications are discussed. The book is ideal for a main or supplementary textbook in courses and seminars on legal theory, philosophy of law, jurisprudence, and (of course) Law and Economics.
Coasean Economics Law And Economics And The New Institutional Economics
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Author : Steven G. Medema
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Coasean Economics Law And Economics And The New Institutional Economics written by Steven G. Medema and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
Upon hearing that Ronald Coase had been awarded the Nobel Prize, a fellow economist's first response was to ask with whom Coase had shared the Prize. Whether this response was idiosyncratic or not, I do not know; I expect not. Part of this type of reaction can no doubt be explained by the fact that Coase has often been characterized as an economist who wrote only two significant or influential papers: "The Nature of the Firm" (1937) and "The Problem of Social Cost" (1960). And by typical professional standards of "significant" and "influential" (i. e. , widely read and cited), this perception embodies a great deal of truth, even subsequent to Coase's receipt of the Prize. This is not to say that there have not been other important works - "The Marginal Cost Controversy" (1946) and "The Lighthouse in Economics" (1974) come immediately to mind here - only that in a random sample of, say, one hundred economists, one would likely find few who could list a Coase bibliography beyond the two classic pieces noted above, in spite of Coase's significant publication record. ' The purpose of this collection is to assess the development of, tensions within, and prospects for Coasean Economics - those aspects of economic analysis that have evolved out of Coase's path-breaking work. Two major strands of research can be identified here: law and economics and the New Institutional Economics.
The Republic Of Beliefs
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Author : Kaushik Basu
language : en
Publisher: Princeton University Press
Release Date : 2020-12-08
The Republic Of Beliefs written by Kaushik Basu and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-08 with Business & Economics categories.
"[This book] argues that the traditional economic analysis of the law has significant flaws and has failed to answer certain critical questions satisfactorily. Why are good laws drafted but never implemented? When laws are unenforced, is it a failure of the law or the enforcers? And, most important, considering that laws are simply words on paper, why are they effective? Basu offers a provocative alternative to how the relationship between economics and real-world law enforcement should be understood. Basu summarizes standard, neoclassical law and economics before looking at the weaknesses underlying the discipline. Bringing modern game theory to bear, he develops a 'focal point' approach, modeling not just the self-interested actions of the citizens who must follow laws but also the functionaries of the state: the politicians, judges, and bureaucrats enforcing them. He demonstrates the connections between social norms and the law and shows how well conceived ideas can change and benefit human behavior. For example, bribe givers and takers will collude when they are treated equally under the law. And in food support programs, vouchers should be given directly to the poor to prevent shop owners from selling subsidized rations on the open market. Basu provides a new paradigm for the ways that law and economics interact: a framework applicable to both less developed countries and the developed world"--Jacket.