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Vol 23 No 2 Feb/March 2018

Book of the Month

Cover of The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

Edited by: Daniel Clarry
Price: £120.00

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Theoretical Foundations of Law and Economics

Edited by: Mark White

ISBN13: 9780521889551
Published: March 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £57.00
Paperback edition , ISBN13 9781107403192

Despatched in 2 to 4 days.

The economic approach to law, or ‘law and economics’, is by far the most successful application of basic economic principles to another scholarly field, but most of the critical appraisal of the field has been scattered among law reviews and economics journals. Theoretical Foundations of Law and Economics is the first original, book-length examination of the methodology and philosophy of law and economics, featuring new essays written by leading legal scholars, philosophers, and economists.

The contributors take issue with many of the key tenets of the economic approach to law, such as its assumption of rational behavior, its reliance on market analogies, and its adoption of efficiency as the primary goal of legal decision-making. They discuss the relevance of economics to the law in general, as well as to substantive areas of the law, such as contracts, torts, and crime.

  • First book-length treatment of the methodology and philosophy of law and economics
  • Contains new essays by leading legal scholars, philosophers, and economists
  • Discusses law in general as well as specific substantive areas of law (contracts, torts, and crime)

Part I. The Role and Use of Economics in Legal Studies:
1. Modeling courts Lewis
A. Kornhauser
2. Is there a method to the madness? Why creative and counterintuitive solutions are counterproductive
Michael B. Dorff and Kimberly Kessler Ferzan
3. Functional law and economics
Jonathan Klick and Francesco Parisi
4. Legal fictionalism and the economics of normativity
Horacio Spector
Part II. Efficiency:
5. Efficiency, practices, and the moral point of view: limits of economic interpretations of law
Mark Tunick
6. Numeraire illusion: the final demise of the Kaldor-Hicks principle
David Ellerman
7. Justice, mercy and efficiency
Sarah Holtman
Part III. Rationality and the Law:
8. Bounded rationality and legal scholarship
Matthew D. Adler
9. Emotional reactions to law and economics, market metaphors, and rationality rhetoric
Peter H. Huang
10. Pluralism, intransitivity, incoherence
William A. Edmundson
Part IV. Values and Ethics in Civil and Criminal Law:
11. Law and economics and explanation in contract law
Brian H. Bix
12. Welfare, autonomy, and contractual freedom
Guido Pincione
13. Efficiency, fairness, and the economic analysis of tort law
Mark A. Geistfeld
14. Retributivism in a world of scarcity
Mark D. White.