Theoretical foundations of law and economics / edited by Mark D. White.

Format:

Book

Contributor:

White, Mark D., 1971- editor.

Language:

English

Subjects (All):

Law and economics.

Physical Description:

1 online resource (xx, 282 pages) : digital, PDF file(s).

Other Title:

Theoretical Foundations of Law & Economics

Place of Publication:

Cambridge : Cambridge University Press, 2009.

Language Note:

English

Summary:

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.

Contents:

Modeling courts / Lewis A. Kornhauser

Is there a method to the madness? why creative and counterintuitive solutions are counterproductive / Michael B. Dorff and Kimberly Kessler Ferzan

Functional law and economics / Jonathan Klick and Francesco Parisi

Legal fictionalism and the economics of normativity / Horacio Spector

Efficiency, practices, and the moral point of view : limits of economic interpretations of law / Mark Tunick

Numeraire illusion : the final demise of the Kaldor

Hicks principle / David Ellerman

Justice, mercy and efficiency / Sarah Holtman

Bounded rationality and legal scholarship / Matthew D. Adler

Emotional reactions to law and economics, market metaphors, and rationality rhetoric / Peter H. Huang

Pluralism, intransitivity, incoherence / William A. Edmundson

Law and economics and explanation in contract law / Brian H. Bix

Welfare, autonomy, and contractual freedom / Guido Pincione

Efficiency, fairness, and the economic analysis of tort law / Mark A. Geistfeld

Retributivism in a world of scarcity / Mark D. White.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-107-20124-1

1-281-98289-X

9786611982898

0-511-57548-3

0-511-46320-0

0-511-46547-5

0-511-46473-8

0-511-46240-9

0-511-46399-5

OCLC:

437089442