Contemporary issues in law and economics / Thomas J. Miceli.
2018
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Details
Author
Title
Contemporary issues in law and economics / Thomas J. Miceli.
Imprint
Abingdon, Oxon [UK] ; New York : Routledge, 2018.
Description
1 online resource (viii, 177 pages)
Formatted Contents Note
On the usefulness of economics for understanding law
Property rights and the Coase Theorem
The choice between property rules and liability rules
Does the law evolve toward efficiency?
Threshold rules in law
Simultaneous versus sequential care accidents and strategic negligence
The tort-crime boundary
Some difficulties with the economic theory of crime
Escalating penalties for repeat offenders
The problem with plea bargaining
The (real) puzzle of blackmail
Group punishment
When is a contract enforceable?
Efficient breach theory
A question of title : rules for protecting the ownership of land
Holdups and holdouts
Eminent domain and the paradox of public use
Regulatory takings and the compensation question
Fair use : fair or foul?
Lawsuits for sale?
Property rights and the Coase Theorem
The choice between property rules and liability rules
Does the law evolve toward efficiency?
Threshold rules in law
Simultaneous versus sequential care accidents and strategic negligence
The tort-crime boundary
Some difficulties with the economic theory of crime
Escalating penalties for repeat offenders
The problem with plea bargaining
The (real) puzzle of blackmail
Group punishment
When is a contract enforceable?
Efficient breach theory
A question of title : rules for protecting the ownership of land
Holdups and holdouts
Eminent domain and the paradox of public use
Regulatory takings and the compensation question
Fair use : fair or foul?
Lawsuits for sale?
Summary
"Law and economics is the field of study devoted to understanding laws and legal institutions using the tools of economic theory. This growing subject has become a mainstream area of study in both law schools and economics departments and this book explores the "law and economics" approach to some of the most interesting questions, issues, and topics in law, order, and justice.Contemporary Issues in Law and Economics considers what economists call the "positive" analysis of the law that is, using economic theory to explain the nature of the law as it actually exists. As part of this approachthe author examines questions such as, what is the economic basis for the predominance of negligence rules in tort law? And, what is the explanation for the illegality of blackmail? Furthermore, another set of questions arises where the law seems to depart from the prescriptions of economic theory, and these issues are also examined in this volume. For example, the deeply rooted norm of proportionality between punishments and crimes, and the use of escalating penalties for repeat offenders, are both explored.With self-contained chapters written in a non-technical style, thisbook offers a rigorous discussion of the above themes while remaining accessible to those without formal legal or economic training. It offers the ideal introduction to the field of law and economics while also providing a basis for students in more advanced courses."--Provided by publisher.
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Taylor & Francis Online
Language
English
ISBN
9781315103976 (e-book : PDF)
9781351596695 (e-book: Mobi)
9781138099753 (hardback)
9781138099760 (paperback)
9781351596695 (e-book: Mobi)
9781138099753 (hardback)
9781138099760 (paperback)
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