Law and Economics: Philosophical Issues and Fundamental Questions

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  • Edition: 1st
  • Format: Hardcover
  • Copyright: 1/28/2015
  • Publisher: Routledge

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Why has Law and Economics movement become so successful? What is the current status of the Chicago School? What are the alternative theories and how much influence do they exert? What can be considered mainstream today? What are the norms and values underlying this impressive body of research? These issues, amongst others, are thoroughly explored in this volume by the contributors, including Posner, Gerrit de Geest and Thomas Ulen.

Table of Contents

Norms and Values in the Economic Approach to Law. Engagement with Economics: The New Hybrids of Family Law/Law and Economics Thinking. The Inevitability of Kaldor-Hicks Criterion. The Problematics of the Pareto Principle. Law, Economics and Society. New Institutional Economics and Legal Theory: Why New Institutional Economics Has Failed to Provide a Viable Alternative to the Law and Economics Movement. Choosing (Our)selves: The Limits of Identity and Interests in Law and Economics. Norms in Behavioral Law and Economics. The Theory of Value Dilemma: A Critique of the Economic Analysis of Criminal Law. Overcoming Law and Economics. Comparing Law and Economics to its Rivals. A Coase-mas Carol: The Coase Theorem as the Ghost of Law and Economics, Past, Present and Future. Flawed Foundations: The Philosophical Critique of (a Particular Type of) Economics. Functional Law and Economics. The Primacy of Norms. Incentives and Constitutional Compliance

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