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Of Law and Economics and Economic Analysis of Law: The Role of the Lawyer

Guido Calabresi

in The Future of Law and Economics: Essays in Reform and Recollection

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300195897
eISBN:
9780300216264
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300195897.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter explains the difference between law and economics, identified with John Stuart Mill, and the economic analysis of law, exemplified by Jeremy Bentham. It presents examples of ... More


Legal Formalism

Ernest J. Weinrib

in The Idea of Private Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199665815
eISBN:
9780191748622
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665815.003.0002
Subject:
Law, Philosophy of Law, Law of Obligations

Formalism is the theory appropriate to understanding private law from within. Legal Formalism makes the notion of form central to the understanding of juridical relationships. Form brings together ... More


The Future of Law and Economics: Essays in Reform and Recollection

Guido Calabresi

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300195897
eISBN:
9780300216264
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300195897.001.0001
Subject:
Law, Constitutional and Administrative Law

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 are identified with Jeremy ... More


Allocating Risks and Suffering: Some Hidden Traps

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0017
Subject:
Law, Philosophy of Law

This chapter begins by examining some basics in Adam Smith's conception of economics, and then tells the story of the evolution of the law about mantraps in the 1820s in England and later in the ... More


Of Tastes and Values Ignored

Guido Calabresi

in The Future of Law and Economics: Essays in Reform and Recollection

Published in print:
2016
Published Online:
May 2016
ISBN:
9780300195897
eISBN:
9780300216264
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300195897.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter examines how economics treats—and should treat—tastes and values. It first considers those tastes, values, and resulting costs that many economists seem to ignore, or treat as irrational ... More


Law's Authority and Social Theory's Predicament

John Finnis

in Philosophy of Law: Collected Essays Volume IV

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580088
eISBN:
9780191729409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580088.003.0003
Subject:
Law, Philosophy of Law

This chapter explores a central enterprise of legal theory: the explanation and justification of law's presumptive moral authority. Section I shows that Raz's rejection of it rests on an unwarranted ... More


Economic Analysis of Law: An Overview

Eyal Zamir and Doron Teichman

in Behavioral Law and Economics

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190901349
eISBN:
9780190901387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190901349.003.0002
Subject:
Law, Philosophy of Law

While behavioral insights are vital to any theory of law, they are particularly important as qualifiers of standard economic analysis of law. Standard economic analysis assumes that people are ... More


Genocides and Other Mass Atrocities: A Law and Economics Approach

Jurgen Brauer, Charles H. Anderton, and David Schap

in Economic Aspects of Genocides, Other Mass Atrocities, and Their Preventions

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199378296
eISBN:
9780199378319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199378296.003.0027
Subject:
Economics and Finance, International

The chapter reviews examples of legal instruments and institutions related to atrocity crimes such as genocide. It then discusses the efficiency, or lack thereof, of domestic and international law, ... More


Introduction

Eyal Zamir and Doron Teichman

in Behavioral Law and Economics

Published in print:
2018
Published Online:
June 2018
ISBN:
9780190901349
eISBN:
9780190901387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190901349.003.0001
Subject:
Law, Philosophy of Law

Standard economic analysis of law is based on rational choice theory. In recent decades, numerous experimental and empirical findings have established prevalent and systematic deviations from the ... More


Economics, Justice, and the Value of Life

John Finnis

in Human Rights and Common Good: Collected Essays Volume III

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580071
eISBN:
9780191729393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580071.003.0016
Subject:
Law, Philosophy of Law

An Economic Analysis of Law, as expounded by Posner, cannot provide moral criteria. Though economics usefully identifies side effects, economic reasoning is defeated by the incommensurables involved ... More


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