Imperfect Alternatives

by Komesar, Neil K.

• ISBN13: 9780226450896
• ISBN10: 0226450899
• Format: Paperback
• Copyright: 1996-12-01
• Publisher: Univ of Chicago Pr

Summary

Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element--institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them--the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.

Table of Contents

Preface

Deciding Who Decides: The Comparative Analysis of Institutional Performance

Taking Institutional Choice Seriously

Social Goals and Public Policies: Bridging the Gap between Them

Who Plays, Who Doesn't: The Participation-Centered Approach to the Political Process, the Market, and the Courts

The Political Process: The Power of the Few and the Power of the Many

The Market Process: Transaction Costs and Transaction Benefits

The Courts as an Institution: The Structure and Scale of Justice

Applications: Weighing the Relative Merits of Institution

Safety, Tort Law, and Tort Reform

Constitutional Law and Constitution Making

American Constitutional Law: The Contours of Judicial Review

Summary and Conclusion: Propositions Audiences, and Reformations

Author Index

Subject Index

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