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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Contemporary Issues in Law and Economics (eBook)


ISBN13: 9781351596701
Published: April 2018
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £25.82 + £5.16 VAT
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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 approach the 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, this book 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.

Subjects:
eBooks, Law and Economics
Contents:
Preface
1. On the usefulness of economics for understanding law
2. Property rights and the Coase Theorem
3. The choice between property rules and liability rules
4. Does the law evolve toward efficiency?
5. Threshold rules in law
6. Simultaneous versus sequential care accidents and strategic negligence
7. The tort-crime boundary
8. Some difficulties with the economic theory of crime
9. Escalating penalties for repeat offenders
10. The problem with plea bargaining
11. The (real) puzzle of blackmail
12. Group punishment
13. When is a contract enforceable?
14. Efficient breach theory
15. A question of title: rules for protecting the ownership of land
16. Holdups and holdouts
17. Eminent domain and the paradox of public use
18. Regulatory takings and the compensation question
19. Fair use: fair or foul?
20. Lawsuits for sale?
Bibliographic essay
References
Index