The Rise of Law and Economics

The Rise of Law and Economics PDF

Author: George L. Priest

Publisher: Routledge

Published: 2020-03-03

Total Pages: 170

ISBN-13: 1000701174

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This is a history—though, intentionally, a brief history—of the rise of law and economics as a field of thought in the U.S. college and law school academy, though the field has expanded to Europe and South America and will expand further as other legal systems develop. This book explains the origins of the field and the sources of its growth during its formative period. It describes the intellectual roots of the field, and the field’s relationship to the understanding of the role of the legal system in directing the functioning of the economy. It describes the effect of the Great Depression and the expansion of governmental power on advancing the functional approach. The book then addresses the work of Aaron Director, during the late 1950s, on focusing economic analysis as a means of understanding the effects of the legal and regulatory system on the allocation of resources in the society. Then it turns to the subsequent intellectual founders of the field—Ronald Coase, Guido Calabresi, and Richard Posner—and attempts to explain the significance of their work. It also discusses the efforts of Robert Bork and Henry Manne toward the influence of law and economics on public policy. The book ends with the founding of the American Law and Economics Association in 1991. This is an essential companion to law and economics texts for undergraduate law and economic students and, especially, a general supplement to first-year casebooks for law school students.

Roman Law and Economics

Roman Law and Economics PDF

Author: Giuseppe Dari-Mattiacci

Publisher: Oxford University Press

Published: 2020-05-26

Total Pages: 368

ISBN-13: 0191090972

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Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume I explores these legal institutions and organizations in detail, from the constitution of the Roman Republic to the management of business in the Empire, while Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.

The Origins of Law and Economics

The Origins of Law and Economics PDF

Author: Francesco Parisi

Publisher: Edward Elgar Publishing

Published: 2005

Total Pages: 552

ISBN-13:

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An intellectual history of law and economics : 1793-2003 / Charles K. Rowley -- Methodological debates in law and economics : the changing contours of a discipline / Francesco Parisi -- The fire of truth : a remembrance of law and economics at Chicago, 1932-1970 / edited by Edmund W. Kitch -- The economic way of looking at behavior / Gary S. Becker -- Cost, choice, and catallaxy : an evaluation of two related but divergent Virginia paradigms / James M. Buchanan -- The pointlessness of Pareto : carrying Coase further / Guido Calabresi -- The relevance of transaction costs in the economic analysis of law / Ronald H. Coase -- The confluence of justice and efficiency in the economic analysis of law / Robert D. Cooter -- Toward a theory of property rights II : the competition between private and collective ownership / Harold Demsetz -- The economist in spite of himself / Richard A. Epstein -- The art of law and economics : an autobiographical essay / William M. Landes -- How law and economics was marketed in a hostile world : a very personal history / Henry G. Manne -- The law and economics movement : from Bentham to Becker / Richard A. Posner -- The rise of law and economics : a memoir of the early years / George L. Priest -- Why was the common law efficient? / Paul H. Rubin -- Law versus morality as regulators of conduct / Steven Shavell -- Journeys across the divides / Michael J. Trebilcock -- The case against the common law / Gordon Tullock -- Why law, economics, and organization? / Oliver E. Williamson.

History of Law and Economics

History of Law and Economics PDF

Author: Henry N. Butler

Publisher: Edward Elgar Publishing

Published: 2018

Total Pages: 0

ISBN-13: 9781786432988

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Dedicated to the late Henry G. Manne, this authoritative collection surveys the development of law and economics both as a scholarly field and as an educational program. Starting as a niche area, centered primarily at the University of Chicago, law and economics has grown to be the dominant field in US legal scholarship. The influential articles presented in this volume trace that development from the mid-20th century through to today, focusing on both the personalities who laid the groundwork for the field's success and the intellectual debates that fueled its growth. Together with an original introduction by the editors, this collection is a valuable research tool for academics and students interested in the history of law and economics.

The Future of Law and Economics

The Future of Law and Economics PDF

Author: Guido Calabresi

Publisher: Yale University Press

Published: 2016-01-28

Total Pages: 248

ISBN-13: 0300216262

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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 he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

The Progressive Assault on Laissez Faire

The Progressive Assault on Laissez Faire PDF

Author: Barbara H. Fried

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 350

ISBN-13: 0674037308

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Law and economics is the leading intellectual movement in law today. This book examines the first great law and economics movement in the early part of the twentieth century through the work of one of its most original thinkers, Robert Hale. Beginning in the 1890s and continuing through the 1930s, progressive academics in law and economics mounted parallel assaults on free-market economic principles. They showed first that "private," unregulated economic relations were in fact determined by a state-imposed regime of property and contract rights. Second, they showed that the particular regime of rights that existed at that time was hard to square with any common-sense notions of social justice. Today, Hale is best known among contemporary legal academics and philosophers for his groundbreaking writings on coercion and consent in market relations. The bulk of his writing, however, consisted of a critique of natural property rights. Taken together, these writings on coercion and property rights offer one of the most profound and elaborated critiques of libertarianism, far outshining the better-known efforts of Richard Ely and John R. Commons. In his writings on public utility regulation, Hale also made important contributions to a theory of just, market-based distribution. This first, full-length study of Hale's work should be of interest to legal, economic, and intellectual historians.

Fundamental Principles of Law and Economics

Fundamental Principles of Law and Economics PDF

Author: Alan Devlin

Publisher: Routledge

Published: 2014-10-17

Total Pages: 437

ISBN-13: 1317616499

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This textbook places the relationship between law and economics in its international context, explaining the fundamentals of this increasingly important area of teaching and research in an accessible and straightforward manner. In presenting the subject, Alan Devlin draws on the neoclassical tradition of economic analysis of law while also showcasing cutting- edge developments, such as the rise of behavioural economic theories of law. Key features of this innovative book include: case law, directives, regulations, and statistics from EU, UK, and US jurisdictions are presented clearly and contextualised for law students, showing how law and economics theory can be understood in practice; succinct end- of-chapter summaries highlight the essential points in each chapter to focus student learning; further reading is provided at the end of each chapter to guide independent research. Making use of tables and diagrams throughout to facilitate understanding, this text provides a comprehensive overview of law-and-economics that is ideal for those new to the subject and for use as a course text for law-and-economics modules.

Law and Economics from an Evolutionary Perspective

Law and Economics from an Evolutionary Perspective PDF

Author: Glen Atkinson

Publisher: Edward Elgar Publishing

Published: 2016-06-24

Total Pages: 200

ISBN-13: 1785361309

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Law and economics are interdependent. Using a historical case analysis approach, this book demonstrates how the legal process relates to and is affected by economic circumstances. Glen Atkinson and Stephen P. Paschall examine this co-evolution in the context of the economic development that occurred in the nineteenth and early twentieth centuries as well as the impact of the law on that development. Specifically, the authors explore the development of a national market, the transformation of the corporation, and the conflict between state and federal control over businesses. Their focus on dynamic, integrated systems presents an alternative to mainstream law and economics.