[PDF] The Second Wave Of Law And Economics eBook

Author : Megan Richardson
Publisher : Federation Press
Page : 156 pages
File Size : 47,95 MB
Release : 1999
Category : Business & Economics
ISBN : 9781862873162

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How best can the analyses and insights of economics inform legal theory and "improve" legal decision-making? The contribution of the first wave of law and economics scholars was marked by dogmatic adherence to the free market ideals of the Chicago school. Today, the second wave places greater emphasis on empirical data and accepts a much wider range of non-economic values - an approach which offers promise of an objective and balanced reception of law and economics by the courts. This book demonstrates the richness and value of the second wave. The contributors include judges from the High Court of Australia and the Court of Appeal, New Zealand and academics from the Universities of Toronto, Melbourne and Cambridge.

Author : Riaz Tejani
Publisher : Taylor & Francis
Page : 92 pages
File Size : 44,29 MB
Release : 2023-06-28
Category : Law
ISBN : 1000937984

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This book examines the contemporary significance of the Law and Economics movement. Drawing on anthropology, sociology, political economy, and ethics, the book traces the influence of lawyer-economists in developing and operationalizing key ideas—for instance human capital and structural adjustment—that have come to be grouped under the heading of “neoliberalism”. It then examines how these ideas are tied to global environmental harm and to wealth inequality. Largely because of such ties, sociolegal studies tend to dismiss economic thought. This book, however, forges a path between economic and sociolegal approaches. Discussing thinkers such as Foucault and Polanyi, Calabresi and Sunstein, it demonstrates both the possibilities and limitations inherent in economistic approaches to law. Bringing together disparate and sometimes conflicting literatures, the book thereby eschews disciplinary taboos in the name of a creative, sympathetic, and critical rereading of the key ideas of Law and Economics. This book will be of interest to students and researchers in sociolegal studies, anthropology, sociology, and economics.

Author : Nicholas Mercuro
Publisher : Princeton University Press
Page : 398 pages
File Size : 17,35 MB
Release : 2020-07-21
Category : Business & Economics
ISBN : 0691216010

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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.

Author : Francesco Parisi
Publisher : Oxford University Press
Page : 635 pages
File Size : 21,54 MB
Release : 2017-04-27
Category : Business & Economics
ISBN : 0191507199

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Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.

Author : Francesco Parisi
Publisher : Stanford University Press
Page : 634 pages
File Size : 21,10 MB
Release : 2005
Category : Business & Economics
ISBN : 9780804751445

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This collection of essays explores the most relevant developments at the interface of economics and psychology, giving special attention to models of irrational behavior, and draws the relevant implications of such models for the design of legal rules and institutions. The application of economic models of irrational behavior to law is especially challenging because specific departures from rational behavior differ markedly from one another. Furthermore, the analytical and deductive instruments of economic theory have to be reshaped to deal with the fragmented and heterogeneous findings of psychological research, turning towards a more experimental and inductive methodology. This volume brings together pioneering scholars in this area, along with some of the most exciting developments in the field of legal and economic theory. Areas of application include criminal law and sentencing, tort law, contract law, corporate law, and financial markets.

Author : Guido Calabresi
Publisher : Yale University Press
Page : 248 pages
File Size : 47,77 MB
Release : 2016-01-28
Category : Law
ISBN : 0300216262

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In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

Author : Hans-W. Micklitz
Publisher : Edward Elgar Publishing
Page : 584 pages
File Size : 27,25 MB
Release :
Category : Consumer credit
ISBN : 1785366610

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Consumer law is worthy of greater academic attention at a time when many new questions arise and old ones need new answers. This unique handbook takes the reader on a journey through existing literature, research questions and methods. It builds on the state of the art to offer a springboard for jumping to the heart of contemporary issues and equips researchers with a starter’s kit to weave together rich traditions, ranging from socio-economics to behavioural analysis.

Author : Haemala Thanasegaran
Publisher : Springer
Page : 251 pages
File Size : 28,54 MB
Release : 2016-01-22
Category : Law
ISBN : 9811003831

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This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia. The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.

Author : Michael Litschka
Publisher :
Page : 0 pages
File Size : 31,19 MB
Release : 2014
Category :
ISBN :

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In the late nineteenth century, economic analysis of law experienced an outright rejection by the German-speaking legal community. In the second half of the twentieth century, it became a dominant approach in American legal inquiry. We argue that this success was partly due to the insights of Austrian economics which the second wave of law and economics has incorporated. We argue that Austrian legal and economic scholars marked the two cornerstones between which the subsequent discussion oscillated: social planning versus evolution (spontaneous order).

Author : Nicholas Mercuro
Publisher : Springer Science & Business Media
Page : 268 pages
File Size : 11,69 MB
Release : 2012-12-06
Category : Business & Economics
ISBN : 9400910797

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The character of economic life] in a society is dependent upon, among 2 other things, its political-legal-economic institutional setting. Within that institutional structure, the individuals who comprise that society attempt to cooperate with one another to their mutual advantage so as to accommodate their joint utility-maximizing endeavors. In addition, these same individuals call upon certain societal institutions to adjust the con flicting claims of different individuals and groups. In this regard, a society is perceived as both a cooperative venture for mutual advantage where there are an identity of interests and, as well, an arena of conflict where there exists a mutual interdependence of conflicting claims or interests. The manner in which a society structures its political-legal-economic institutions 1) to enhance the scope of its cooperative endeavors and 2) to channel internal political-legal-economic conflicts toward resolution, shapes the character of economic life in that society. In contemplating the structure of its institutions intended to promote cooperation and channel conflict, a society confronts several issues. At the most general level an enduring issue is how a society both perceives and then ideologically transmits (perhaps teaches or rationalizes), inter nally and/or externally, its perceptions of so-called "cooperative en deavors" and "arenas of conflict." There can be no doubt that the resultant structure of a society's institutions will reflect that society's perception as to what cooperation entails and what conflict constitutes.