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Vol 21 No 10 Oct/Nov 2016

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Production of Legal Rules

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Edited by: Francesco Parisi

ISBN13: 9781848440326
Published: December 2011
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £160.00



This thorough and detailed book provides a comprehensive analysis of the various ways in which laws and rules are produced and lays the foundations for a more systematic understanding of lawmaking as a production process. Leading scholars and experts provide coverage and insight on key issues such as the optimal specificity and timing of legal intervention, the nature of expressive law, the production of customary law, and the effect of social norms and social stigma on legal compliance. The original essays shed new light on important issues concerning the institutional design of lawmaking through the lens of economic analysis and public choice theory, and together form an important reference tool. This state-of-the-art resource forms part of the Encyclopedia of Law and Economics, and will appeal strongly to researchers and postgraduate students from both law and economics backgrounds.

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Contents:
PART I: LEGISLATION AND REGULATION 1. Constitutional Design of Lawmaking Stefan Voigt 2. General Characteristics of Rules Louis Kaplow 3. Rules versus Standards Barbara Luppi and Francesco Parisi 4. Optimal Timing of Lawmaking Nita Ghei 5. Production of Legal Rules by Agencies and Bureaucracies Georg von Wangenheim PART II: JUDGE-MADE LAW 6. Judge-Made Law Paul H. Rubin 7. Common Law and Economic Efficiency Todd Zywicki and Edward Peter Stringham 8. Bias in the Common Law Jeff De Mot 9. Legal Traditions and Economic Performance: Theory and Evidence Carmine Guerriero PART III: SOCIAL NORMS AND CUSTOM 10. The Focal Point Theory of Expressive Law Richard McAdams 11. Countervailing Norms Emanuela Carbonara, Francesco Parisi and Georg von Wangenheim 12. Social Stigma Michael Faure and Laarni Escresa 13. Self-Regulation Anthony Ogus and Emanuela Carbonara PART IV: INTERNATIONAL LAW 14. International Law as a Source of Law Paul Stephan 15. International Treaties Vincy Fon 16. Customary International Law Jef De Mot, Vincy Fon and Francesco Parisi 17. International Organization: Institutions and Order in World Politics Alexander Thompson and Duncan Snidal PART V: FEDERALISM, LEGAL HARMONIZATION AND DEVELOPMENT 18. Federalism Robert P. Inman and Daniel L. Rubinfeld 19. Legal Harmonization Enrico Baffi and Paolo Santella 20. Forum Shopping and the Evolution of Rules of Choice of Law Nita Ghei 21. Regulatory Competition Jonathan Klick 22. Growth-Oriented Legal Reforms Robert D. Cooter and Hans-Bernd Schaefer Index