Format:
1 Online-Ressource (xx, 282 pages)
,
digital, PDF file(s)
ISBN:
9780511575488
Content:
The economic approach to law, or 'law and economics', is by far the most successful application of basic economic principles to another scholarly field, but most of the critical appraisal of the field is scattered among law reviews and economics journals. Theoretical Foundations of Law and Economics provides an original, book-length examination of the methodology and philosophy of law and economics, featuring essays written by leading legal scholars, philosophers, and economists. The contributors take issue with many of the key tenets of the economic approach to law, such as its assumption of rational behavior, its reliance on market analogies, and its adoption of efficiency as the primary goal of legal decision making. They discuss the relevance of economics to the law in general, as well as to substantive areas of the law, such as contracts, torts, and crime
Note:
Title from publisher's bibliographic system (viewed on 05 Oct 2015)
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Modeling courts
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Is there a method to the madness? why creative and counterintuitive solutions are counterproductive
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Functional law and economics
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Legal fictionalism and the economics of normativity
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Efficiency, practices, and the moral point of view : limits of economic interpretations of law
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Numeraire illusion : the final demise of the Kaldor -- Hicks principle
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Justice, mercy and efficiency
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Bounded rationality and legal scholarship
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Emotional reactions to law and economics, market metaphors, and rationality rhetoric
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Pluralism, intransitivity, incoherence
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Law and economics and explanation in contract law
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Welfare, autonomy, and contractual freedom
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Efficiency, fairness, and the economic analysis of tort law
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Retributivism in a world of scarcity
Additional Edition:
ISBN 9780521889551
Additional Edition:
ISBN 9781107403192
Additional Edition:
Print version ISBN 9780521889551
Language:
English
Subjects:
Law
DOI:
10.1017/CBO9780511575488
URL:
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