› › A Comment On Some Uses And Abuses Of Economics In Law

Issues in Law and Economics

Author : Harold Winter

Publisher : University of Chicago Press

Page : 248 pages

File Size : 17,61 MB

Release : 2017-01-27

Category : Business & Economics

ISBN : 022624976X

Get eBook

Book Description

Is file-sharing destroying the music industry? Should the courts encourage breach of contract? Does the threat of malpractice lawsuits cause doctors to provide too much medical care? Do judges discriminate when sentencing? With Issues in Law and Economics, Harold Winter takes readers through these and other recent and controversial questions. In an accessible and engaging manner, Winter shows these legal issues can be reexamined through the use of economic analysis. Using real-world cases to highlight issues, Winter offers step-by-step analysis, guiding readers through the identification of the trade-offs involved in each issue and assessing the economic evidence from scholarly research before exploring how this research may be used to guide policy recommendations. The book is divided into four sections, covering the basic practice areas of property, contracts, torts, and crime, with a fifth section devoted to a concise introduction to the topic of behavioral law and economics. Each chapter concludes with a series of thought-provoking discussion questions that provide readers the opportunity to further explore important ideas and concepts.



Routledge Handbook of Socio-Legal Theory and Methods

Author : Naomi Creutzfeldt

Publisher : Routledge

Page : 566 pages

File Size : 16,72 MB

Release : 2019-08-13

Category : Law

ISBN : 0429489749

Get eBook

Book Description

Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.



The Republic of Beliefs

Author : Kaushik Basu

Publisher : Princeton University Press

Page : 259 pages

File Size : 20,60 MB

Release : 2020-12-08

Category : Business & Economics

ISBN : 0691210047

Get eBook

Book Description

"[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.



Law and Economics of Article 102 TFEU

Author : Robert O'Donoghue KC

Publisher : Bloomsbury Publishing

Page : 1608 pages

File Size : 23,94 MB

Release : 2020-09-03

Category : Law

ISBN : 1509942963

Get eBook

Book Description

“A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, and Qualcomm.



Law and Economics

Author : Jenny B. Wahl

Publisher : Routledge

Page : 402 pages

File Size : 19,12 MB

Release : 2013-09-13

Category : Law

ISBN : 1135686211

Get eBook

Book Description

This title aims to explain (and criticize) the economic approach to law by covering economic analysis in property and criminal law. To save the time of the reader not wanting to relearn multivariate calculus with each section, this title provides comprehensive bibliographies and highlights major contributions in the introductions to each volume. A key overview for students of economy and law to gain a broad understanding of how to approach these themes in practice.



Adam Smith and the Philosophy of Law and Economics

Author : R.P. Malloy

Publisher : Springer Science & Business Media

Page : 227 pages

File Size : 18,35 MB

Release : 2012-12-06

Category : Political Science

ISBN : 9401107483

Get eBook

Book Description

Adam Smith and the Philosophy of Law and Economics is a unique book. Malloy and Evensky bring together a team of international and interdisciplinary scholars to address the work of Adam Smith as it relates to law and economics. In addition to their own contributions, the book includes works by Dr. John W. Cairns of the University of Edinburgh, Dr. J. Ralph Lindgren of Lehigh University, Professor Kenneth A.B. Mackinnon of the University of Waikato, and the Honorable Richard A. Posner of the United States Circuit Court of Appeals. Together these authors bring expertise from the areas of law, philosophy, history, economics, and law and economics to a new study of Adam Smith and his work. Part One of the book presents new and important observations on Smith's views on community, ethics, the court system, criminal law, and delictual or tort law liability. In this part of the book Smith's work is also examined from the perspective of his use as persuasive authority in the works of modern legal economists. In Part Two the `living Smith' is explored by way of a debate between two major contributors in the field of law and economics. The debate and its analysis create a unique and contemporary opportunity to study Smith as a foundational source in the midst of a current academic and social policy dispute. The understanding of Adam Smith that emerges from this book is new and complex. It will challenge the one-dimensional portrayals of Smith as a promoter of self-interest and it will correct many of the misinterpretations of Smith that are currently fashionable in the worlds of law and economics and the philosophy of law.



The Uses and Abuses of Weaponized Interdependence

Author : Daniel W. Drezner

Publisher :

Page : 0 pages

File Size : 50,26 MB

Release : 2021

Category : Political Science

ISBN : 9780815738374

Get eBook

Book Description

How globalized information networks can be used for strategic advantage Until recently, globalization was viewed, on balance, as an inherently good thing that would benefit people and societies nearly everywhere. Now there is growing concern that some countries will use their position in globalized networks to gain undue influence over other societies through their dominance of information and financial networks, a concept known as "weaponized interdependence." In exploring the conditions under which China, Russia, and the United States might be expected to weaponize control of information and manipulate the global economy, the contributors to this volume challenge scholars and practitioners to think differently about foreign economic policy, national security, and statecraft for the twenty-first century. The book addresses such questions as: What areas of the global economy are most vulnerable to unilateral control of information and financial networks? How sustainable is the use of weaponized interdependence? What are the possible responses from targeted actors? And how sustainable is the open global economy if weaponized interdependence becomes a default tool for managing international relations?



The Logic of the Law

Author : Gordon Tullock

Publisher : Univ Pub Assoc

Page : 278 pages

File Size : 10,72 MB

Release : 1971

Category : Philosophy

ISBN : 9780802600189

Get eBook

Book Description

Professor Tullock shows what happens when, abandoning the traditional view of civil and criminal law as an extension of moral philosophy, concepts and procedures of modern welfare economics are applied to our legal system.



The Rise of Law and Economics

Author : George L. Priest

Publisher : Routledge

Page : 176 pages

File Size : 48,89 MB

Release : 2020-03-03

Category : Law

ISBN : 1000701174

Get eBook

Book Description

This is a history—though, intentionally, a brief history—of the rise of law and economics as a field of thought in the U.S. college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins of the field and the sources of its growth during its formative period. It describes the intellectual roots of the field, and the field’s relationship to the understanding of the role of the legal system in directing the functioning of the economy. It describes the effect of the Great Depression and the expansion of governmental power on advancing the functional approach. The book then addresses the work of Aaron Director, during the late 1950s, on focusing economic analysis as a means of understanding the effects of the legal and regulatory system on the allocation of resources in the society. Then it turns to the subsequent intellectual founders of the field—Ronald Coase, Guido Calabresi, and Richard Posner—and attempts to explain the significance of their work. It also discusses the efforts of Robert Bork and Henry Manne toward the influence of law and economics on public policy. The book ends with the founding of the American Law and Economics Association in 1991. This is an essential companion to law and economics texts for undergraduate law and economic students and, especially, a general supplement to first-year casebooks for law school students.



Feminism Confronts Homo Economicus

Author : Martha Fineman

Publisher : Cornell University Press

Page : 535 pages

File Size : 44,36 MB

Release : 2018-08-06

Category : Law

ISBN : 150172407X

Get eBook

Book Description

"The essays in this volume confront the inroads that economics has made into the legal academy.... Law and Economics uses principles of neoclassical economics to develop laws and social policies that maintain if not bolster current allocations of power."—from the Introduction The Law and Economics school has had a significant impact on the legal and governmental landscape in the United States. It posits a perfectly rational "economic man"—homo economicus—who is unconstrained by familial and communal ties and who can and should make decisions solely in light of considerations of economic value. Feminism Confronts Homo Economicus offers a major intervention in debates about how law has come under the influence of economic principles. Drawing on the latest thinking in the fields of feminist legal theory, critical legal studies, and feminist economics, the essays critique the notion that legal and policy decisions should be made solely through the lens of economics. While the contributors question the wholesale incorporation of the neoclassical economic model into legal analysis, they do not all discard economic analysis and theory. Situated at the intersection of feminism, law, and economics, Feminism Confronts Homo Economicus will appeal to scholars and students of these disciplines as well as policy analysts and social theorists interested in family, education, labor, and welfare.