Download or read book Fairness in Law and Economics written by Lee Anne Fennell and published by Edward Elgar Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages - and cannot avoid engaging - with fairness. Part I contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models. Part II turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. Part III presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important. Along with an original introduction by the editors this is a must-have volume that will appeal to students, academics and practitioners who are interested in this exciting field.
Download or read book Fairness in Law and Economics written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fairness in Law and Economics written by Lee Anne Fennell and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introduction, prepared for an edited volume, offers some observations on the importance -- indeed, inescapability -- of fairness concerns in law and economics. The relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one. Rational choice economics typically describes human behavior as motivated by simple self-interest, rather than by concerns of morality, justice, or fairness. But we have found that the connections between concepts of fairness and the economic analysis of law are robust and diverse. After discussing some of these linkages, we describe the organization and content of the volume we have compiled. In it, economics engages with fairness, challenging the idea that the two concepts are alien to each other.
Download or read book Fairness versus Welfare written by Louis Kaplow and published by Harvard University Press. This book was released on 2009-07-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages. Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. In particular, the authors demonstrate that all principles that are not based exclusively on welfare will sometimes favor policies under which literally everyone would be worse off. The book draws on the work of moral philosophers, economists, evolutionary and cognitive psychologists, and legal academics to scrutinize a number of particular subjects that have engaged legal scholars and moral philosophers. How can the deeply problematic nature of all nonwelfarist principles be reconciled with our moral instincts and intuitions that support them? The authors offer a fascinating explanation of the origins of our moral instincts and intuitions, developing ideas originally advanced by Hume and Sidgwick and more recently explored by psychologists and evolutionary theorists. Their analysis indicates that most moral principles that seem appealing, upon examination, have a functional explanation, one that does not justify their being accorded independent weight in the assessment of public policy. Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.
Download or read book Law Economics and Conflict written by Kaushik Basu and published by Cornell University Press. This book was released on 2021-08-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Foundations of Economic Analysis of Law written by Steven Shavell and published by Harvard University Press. This book was released on 2009-07-01 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
Download or read book Theoretical Foundations of Law and Economics written by Mark D. White and published by Cambridge University Press. This book was released on 2009 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book-length examination of the methodology and philosophy of law and economics.
Download or read book Fairness Versus Welfare Economics in Normative Analysis of Law written by Louis Kaplow and published by . This book was released on 1997 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Economics of Justice written by Klaus Mathis and published by Springer Nature. This book was released on with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book To Be Fair written by Ben Fenton and published by Bloomsbury Publishing. This book was released on 2021-03-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Ben's book is an elegant and essential intervention in an era of enervating culture wars. It asks and answers nothing less than the most important question of our time: how can we recover the ability to talk to one another?' - Sathnam Sanghera, author of Empireland What does it mean to be fair? Why do we feel unfairness so strongly? What has happened to us today that we spend more time condemning each other's views than giving each other a fair hearing? The idea of fairness is one of the most commonly-expressed concepts, yet nobody ever stops to think what it really means. We all simply take the word 'fair' for granted. In this polemical guide to fairness, Ben Fenton explains the meaning of the word, how it fits into our genetic make-up and why we need our innate sense of fair play now more than ever. Fenton explores the idea that the unconscious procedure that humans go through in deciding fairness is the vital balancing act between competition and cooperation, the two driving forces that have made us the super-species of Planet Earth. He describes the neurology, anthropology, psychology, history and future of fairness and looks at how it affects our lives through politics, law, sex, religion, race, sport, business and even war. As a reporter of thirty years' experience, Fenton brings all his skills to bear in a lively and challenging description of the profound inner meaning of a throwaway phrase and why it matters so much to every single person in the world to seek To Be Fair. PART I – WHY SHOULD WE TRY TO BE FAIR? 1. Why You Should Read This Book 2. The Principles of Fairness 3. The Neurology and Psychology of Fairness 4. Fairness in History 5. Is Fairness a Creation of the English speaking World? (Spoiler alert: No) PART II – WHAT DOES FAIRNESS LOOK LIKE IN THE MODERN WORLD? 6. Fairness in Sport (and other forms of War) 7. Fairness in Business and Economics 8. Fairness in Law and Taxation 9. Fairness in Communication and Technology 10. Fairness in Politics and Government 11. Fairness in Human Relationships 12. Is Fair Play the Answer to the Ultimate Question?
Download or read book Consumer Law and Economics written by Klaus Mathis and published by Springer Nature. This book was released on 2020-08-31 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume covers the challenges currently faced by consumer law in Europe and the United States, ranging from fundamental theoretical questions, such as what goals consumer law should pursue, to practical questions raised by disclosure requirements, the General Data Protection Regulation and technology advancements. With governments around the world enacting powerful new regulations concerning consumers, consumer law has become an important topic in the economic analysis of law. Intended to protect consumers, these regulations typically seek to do so by giving them tools to make better decisions, or by limiting the consequences of their bad decisions. Legal scholars are divided, however, regarding the efficacy and effects of these regulations; some call for certain policies to be abolished, while others support a regulatory expansion.
Download or read book Behavioral Law and Economics written by Eyal Zamir and published by Oxford University Press. This book was released on 2018 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.
Download or read book Comparing Fairness written by McCain, Roger A. and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic theory and philosophy have discussed concepts of fairness, but the criteria of fairness are in each case absolute: a situation is either fair or it is not. This book draws on these literatures to propose two criteria of relative fairness, and a hierarchical rule for the priority of application of these criteria, with a view to comparison of practicable alternatives in public policy.
Download or read book The Economic Approach to Law Third Edition written by Thomas J. Miceli and published by Stanford University Press. This book was released on 2017-10-17 with total page 803 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master teacher Thomas J. Miceli provides an introduction to law and economics that reveals how economic principles can explain the structure of the law and make it more efficient. The third edition of this seminal textbook is thoroughly updated to include recent cases and the latest scholarship, with particular attention paid to torts, contracts, property rights, and the economics of crime. A new chapter organization, ideal for quarter- or semester-long courses, strengthens the book's focus on unifying themes in the field. As Miceli tells a cohesive, analytical "story" about law from a distinctly economic perspective, exercises and problems encourage students to deepen their knowledge. A companion website is available at http://www.sup.org/economiclaw. It offers a full suite of resources for both students and professors. Key pedagogical features include cases; discussion points that provide additional analysis of topics in the book; graduate notes, which enrich the text for more advanced readers; and relevant links. Professors have access to sample syllabi for undergraduate and graduate courses and an instructor's manual, which provides answers to all of the end-of-chapter questions and problems in the book.
Download or read book Issues in Law and Economics written by Harold Winter and published by University of Chicago Press. This book was released on 2017-01-27 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Thinking Like Law And Economists Legal Rules Economic Prescriptions and Public Perceptions of Fairness written by David Chavanne and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using vignettes that are based on seminal cases in law and economics, I find that judicial decisions across different areas of the common law are considered to be fairer when they follow prescriptions for efficiency based on law-and-economic reasoning. Vignettes describe legal disputes and require respondents to rate the fairness of a judge's resolution. For each vignette, fairness ratings are compared across a version that follows a particular economic prescription and a version that does not, with differences across versions generated by subtle changes in context that are motivated by the economic logic that either was used in the relevant case's actual judicial opinion or has been applied to the case by scholars of law and economics. The results suggest that the economic logic that underlies the Coase theorem, the Hand rule and the foreseeability doctrine, and generates prescriptions for efficient use of strict product liability and efficient breach of contract, aligns with lay intuitions of fairness. The results also identify two areas, fugitive property and punitive damages, where law-and-economic prescriptions do not align with perceptions of fairness.
Download or read book Fairness in the World Economy written by Americo Beviglia Zampetti and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americo Beviglia Zampetti s Fairness in the World Economy provides an important lens into understanding fairness debates in contemporary trade discourse. . . an important contribution to the trade literature. . . the historical excavation that Fairness in the World Economy provides is of great value. Students and scholars alike will find Zampetti s clear and concise history of US trade policy from the founding to the present to be extremely useful. More importantly, at a time when there is widespread argument that too few share in [globalization s] benefits [and] too many have no voice in its design and no influence on its course, Fairness in the World Economy invites its readers to consider the adequacy of the level playing field notion of fairness and to grapple with the politically contentious question of how trade can help create a more just international economic order. Jeffrey L. Dunoff, The American Journal of International Law This is an unusually timely and insightful work, addressing the crucial issue of the justice of globalization. The author avoids the polemics and abstractions with which this question is usually treated; his economic literacy as well as hands-on policy experience in international and transnational institutions, make this a uniquely practical, balanced and nuanced account, bringing much clarity to a heated debate, which usually divides the different disciplines and specialities rather than inciting their engagement. Robert L. Howse, University of Michigan, Ann Arbor, US This volume describes the birth (with all the birth defects) of the notion of fairness in the US. The extent of the author's research is quite breathtaking: not only does he delve into an infinite series of official and semi-official documents, but he also looks at case law, opinions expressed in the literature etc., to come up with an expression of (US) fairness that does not suffer from selection bias. But this is only half what the author has accomplished through his work. He goes on to examine how US fairness has been exported to international institutions (such as the GATT/WTO regime) and demonstrates how, once discussed and shaped among all trading partners, it has come back to the US in a different form. The book thus provides both the inside out and the outside in perspective. It will prove invaluable for the political scientist, the economic historian and the lawyer alike. Petros C. Mavroidis, Edwin B. Parker Professor of Law, Columbia Law School, US and University of Neuchatel, Switzerland & CEPR This book represents a significant scholarly contribution to the field of international political economy, with particular respect to the evolution of the multilateral trading system. The author engages effectively with the current debate concerning the conflict between the legalistic foundations of the multilateral trading system underpinned by the equality of nation states and the demands for fair trade on the basis of inter-personal equity. It is a coherent and well-researched book on a critically important issue that has not received the significant attention that it deserves within the field of international trade policy. Robert Read, Lancaster University Management School, UK In an international context, fairness is particularly important, since only a system which is perceived by its participants as fair can command acceptance and compliance. The main focus of this study is to investigate the development of the notion of fairness in US trade policy and law as well as the impact this notion has on international trade discussions and rule-making, and especially on the formation of the multilateral trade regime. The contention of the author, Americo Beviglia Zampetti, is that fairness concerns, which have been present in the US trade policy debates and treaty practice since the Republic s inception, have contributed to shaping these debates and practice over the years, both at home and abroad. These concerns were
