Law and Economics: Philosophical Issues and Fundamental Questions

ISBN-13: 9781138081628 / Angielski / Miękka / 2017 / 364 str.

Aristides N. Hatzis; Nicholas Mercuro

Opis

The Law　and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the US and its influence is growing steadily throughout　Europe, Asia and South America.　Numerous academics and practitioners　are working in the field with a flow of uninterrupted scholarship that is unprecedented as is its influence on the law.

Spis treści

1. Norms and Values in the Economic Approach to Law 2. Flawed Foundations: The Philosophical Critique of (a Particular Type of) Economics 3. Norms and Values in the Study of Law 4. The Dominance of Norms 5. From Dismal to Dominance? 6. Beyond The Law-And-Economics Approach – From Dismal To Democratic 7. Functional Law and Economics: The Search for Value-Neutral Principles of Lawmaking 8. Law & Economics: Systems of Social Control, Managed Drift, and the Dilemma of Rent Seeking in a Representative Democracy 9. Autonomy, Welfare, and the Pareto Principle 10. Any Normative Policy Analysis Not Based on Kaldor-Hicks Efficiency Violates Scholarly Transparency Norms 11. Law and Economics, the Moral Limits of the Market, and Threshold Deontology 12. Moral Externalities: An Economic Approach to the Legal Enforcement of Morality 13. Engagement with Economics: The New Hybrids of Family Law/Law & Economics Thinking 14. The Figure of the Judge in Law and Economics 15. Behavioral Law and Economics: Its Origins, Fatal Flaws, and Implications for Liberty