Download or read book Normative Law and Economics written by Richard O. Zerbe and published by JAI Press(NY). This book was released on 1985 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Normative Law and Economics written by Alessio M. Pacces and published by . This book was released on 2015 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of this essay is to determine how - and to what extent - law and economics can be normative, namely inform policymakers about which legal rules are desirable for society. A review of the law and economics movement reveals three challenges. First, efficiency is not always sufficient to choose among legal rules (the efficiency vs. equity problem). Second, the knowledge of the effects of legal rules may be too limited to achieve efficiency (the policy problem). Third, the incentives underlying lawmaking may undermine the quest for efficiency (the political economy problem).It is argued that these challenges can be overcome if law and economics asks the right questions. Law and economics should be concerned with questions that can be answered based on efficiency as measurable outcome. The quest for rules supporting economic growth is one such question. A focus on economic growth can arguably temper the conflict between efficiency and equity of law thanks to the magnitude of resources that growth makes potentially available for redistribution and other socially valuable goals. Moreover, economic growth can be measured by objective indicators, implying that both commitment to policies and their impact can be tested. Measurability of policy outcomes allows disciplining theorists, with respect to the means to achieve certain ends, and policymakers, with respect to the ends underlying the choice of means.
Download or read book Law and Social Norms written by Eric Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.
Download or read book Principles and Methods of Law and Economics written by Nicholas L. Georgakopoulos and published by Cambridge University Press. This book was released on 2005-10-10 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book juxtaposes economic analysis with moral philosophy, political theory, egalitarianism, and other methodological principles.
Download or read book The Boundaries of Normative Law and Economics written by Eric A. Posner and published by . This book was released on 2020 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative law and economics remains controversial decades after its emergence despite its successes in legal scholarship and its similarity to influential approaches in economics. The reason is that many of its proponents have exaggerated its value for policy while discounting other methods, tainting the enterprise. Normative law and economics as a method of policy analysis properly operates within narrow boundaries defined by its four main premises: (1) welfarism based on unrestricted preferences; (2) unimportance of distributional effects; (3) unimportance of impacts on non-welfare values; and (4) rational instrumental behavior of affected persons. Scholars have made progress in normative law and economics by abstracting away from these premises. The most successful work proposes “modular” insights at a middle level of abstraction. But this work can be properly put to use only if the excluded factors are reintroduced into analysis prior to application.
Download or read book Research in Law and Economics Volume 7 1985 written by and published by . This book was released on 1985 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Introduction to Law and Economics written by A. Mitchell Polinsky and published by Aspen Publishing. This book was released on 2018-07-23 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished by brevity, lucid writing, and well-chosen examples, An Introduction to Law and Economics, now in its Fifth Edition, focuses on a set of core topics that include property, contracts, torts, criminal law, and litigation. Avoiding specialized jargon and mathematics, Polinsky teaches students how to think like an economist and understand legal issues from an economic perspective. New to the Fifth Edition: A streamlining of the products liability chapter A revised discussion of the redistributive effects of legal rules to reflect more recent scholarship on this topic The addition of several other refinements in the text and in new footnotes An updated bibliography Professors and students will benefit from: Solid coverage of relevant economic principles A normative approach that illustrates how to assess legal rules and policies in terms of economic and social goals Clear explanations of concepts
Download or read book Law and Economics written by Thomas F. Cotter and published by . This book was released on 2014 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles and Methods of Law and Economics written by Nicholas Leonidas Georgakopoulos and published by . This book was released on 2005 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book juxtaposes economic analysis with moral philosophy, political theory, egalitarianism, and other methodological principles.
Download or read book Economics and the Law written by Nicholas Mercuro and published by Princeton University Press. This book was released on 2020-07-21 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an expanded second edition of Nicholas Mercuro and Steven Medema's influential book Economics and the Law, whose publication in 1998 marked the most comprehensive overview of the various schools of thought in the burgeoning field of Law and Economics. Each of these competing yet complementary traditions has both redefined the study of law and exposed the key economic implications of the legal environment. The book remains true to the scope and aims of the first edition, but also takes account of the field's evolution. At the book's core is an expanded discussion of the Chicago school, Public Choice Theory, Institutional Law and Economics, and New Institutional Economics. A new chapter explores the Law and Economics literature on social norms, today an integral part of each of the schools of thought. The chapter on the New Haven and Modern Civic Republican approaches has likewise been expanded. These chapters are complemented by a discussion of the Austrian school of Law and Economics. Each chapter now includes an "At Work" section presenting applications of that particular school of thought. By providing readers with a concise, noncritical description of the broad contours of each school, this book illuminates the fundamental insights of a field with important implications not only for economics and the law, but also for political science, philosophy, public administration, and sociology.
Download or read book The Normative Foundations of European Competition Law written by Oles Andriychuk and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.
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: Economic analysis of law: an overview -- Behavioral studies -- An overview of behavioral law and economics -- Normative implications -- Behavioral insights and basic features of the law -- Property law -- Contract law -- Consumer contracts -- Tort law -- Commercial law -- Administrative, constitutional, and international law -- Criminal law and enforcement -- Tax law and redistribution -- Litigants' behavior -- Judicial decision-making -- Evidence 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 Origins of Law and Economics written by Heath Pearson and published by Cambridge University Press. This book was released on 1997-05-28 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyzes the centrality of law in nineteenth-century historical and institutional economics and is a prehistory to the new institutional economics of the late twentieth century. In the 1830s the 'new science of law' aimed to explain the working rules of human society by using the methodologically individualist terms of economic discourse, stressing determinism and evolutionism. Practitioners stood readier than contemporary institutionalists to admit the possibilities of altruistic values, bounded rationality, and institutional inertia into their research program. Professor Pearson shows that the positive analysis of law tended to push normative discussions up from the level of specific laws to that of society's political organization. The analysis suggests that the professionalization of the social sciences - and the new science's own imprecision - condemned the program to oblivion around 1930. Nonetheless, institutional economics is currently developing greater resemblances to the now-forgotten new science.
Download or read book Law Economics and Morality written by Eyal Zamir and published by Oxford University Press, USA. This book was released on 2010 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models.
Download or read book Law Economics and Morality written by Eyal Zamir and published by Oxford University Press. This book was released on 2010-02-24 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Economics and the Law written by Nicholas Mercuro and published by Princeton University Press. This book was released on 1997 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: By providing readers with a noncritical description of the broad contours of each school of thought, Mercuro and Medema convey a strong sense of the important elements of each of these interrelated yet varied traditions.
