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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


The Institutions of Roman Markets

Benito Arruñada

in Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787211
eISBN:
9780191829291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787211.003.0019
Subject:
Classical Studies, European History: BCE to 500CE

The chapter analyzes the basis of the market economy in classical Rome, from the perspective of personal vs impersonal exchange and focusing on the role of the state in providing market-enabling ... 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


Ancient Rome: Legal Foundations of the Growth of an Indispensable City

Robert C. Ellickson

in Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787211
eISBN:
9780191829291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787211.003.0017
Subject:
Classical Studies, European History: BCE to 500CE

In 200 BC, the population of the city of Rome was 200,000. By AD 50, this figure had increased fivefold, an unprecedented burst of urban expansion. Moses Finley’s much-contested thesis that Rome was ... More


Rome and the Economics of Ancient Law I

Geoffrey Parsons Miller

in Roman Law and Economics: Institutions and Organizations Volume I

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787204
eISBN:
9780191829284
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787204.003.0001
Subject:
Classical Studies, European History: BCE to 500CE

This chapter serves as an introduction to the essays in this collection by exploring the ways in which contemporary economic theory can be used to ask new questions about the law and economies of ... 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


Secured Transactions in Classical Roman Law

Hendrik L. E. Verhagen

in Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787211
eISBN:
9780191829291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787211.003.0016
Subject:
Classical Studies, European History: BCE to 500CE

In modern literature the Roman law of real security is often regarded as ineffective, to which it is usually added that this did not seriously hamper the granting of credit, as in classical Rome ... 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


Law-Making and Economic Change during the Republic and Early Empire

Luuk de Ligt

in Roman Law and Economics: Institutions and Organizations Volume I

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787204
eISBN:
9780191829284
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787204.003.0004
Subject:
Classical Studies, European History: BCE to 500CE

When the Law of the Twelve Tables was promulgated, the Roman economy was overwhelmingly agricultural. As social and economic conditions became more complicated, the formalistic law of early ... More


Rome and the Economics of Ancient Law II

Geoffrey Parsons Miller

in Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787211
eISBN:
9780191829291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787211.003.0012
Subject:
Classical Studies, European History: BCE to 500CE

This chapter provides a broad overview of the chapters in the second volume of Roman Law and Economics. The subjects addressed in this volume include slavery and the Roman economy credit, property, ... More


One Step at a Time in Roman Law: How Roman Pleading Rules Shape the Substantive Structure of Private Law

Richard A. Epstein

in Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787211
eISBN:
9780191829291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787211.003.0020
Subject:
Classical Studies, European History: BCE to 500CE

This chapter argues that the Roman law system of a staged system of pleadings, which emerged in the mature formulary system and then was eventually carried over into the common law, offers a superior ... More


Deterrence of Wrongdoing in Ancient Law

Francesco Parisi, Daniel Pi, Barbara Luppi, and Iole Fargnoli

in Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787211
eISBN:
9780191829291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787211.003.0022
Subject:
Classical Studies, European History: BCE to 500CE

Ancient laws addressed all types of wrongdoing with a single set of remedies that over time pursued a changing mix of retaliatory, punitive, and compensatory objectives. In this paper, we consider ... 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


Collective Responsibility

Thomas J. Miceli

in Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787211
eISBN:
9780191829291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787211.003.0023
Subject:
Classical Studies, European History: BCE to 500CE

The concept of collective responsibility, or group punishment, for crimes or other harmful acts, was a pervasive feature of ancient societies, as exemplified by the Roman Senatus Consultum ... 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


The Organization of India-to-Rome Trade: Loans and Agents in the Muziris Papyrus

Ron Harris

in Roman Law and Economics: Institutions and Organizations Volume I

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787204
eISBN:
9780191829284
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787204.003.0007
Subject:
Classical Studies, European History: BCE to 500CE

Not much is known about the organization of the trade between Egypt and India in Roman times. Roman law is obviously well documented in surviving texts of various sorts. Trade practices in the Indian ... More


Roman Business Associations

Andreas Martin Fleckner

in Roman Law and Economics: Institutions and Organizations Volume I

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198787204
eISBN:
9780191829284
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787204.003.0009
Subject:
Classical Studies, European History: BCE to 500CE

Roman businessmen eager to launch a joint business venture could choose among three legal forms: the societas, the societas publicanorum, and the peculium of a commonly held slave. None of these ... More


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