Law And Economics

by Tullock, Gordon

• ISBN13: 9780865975286
• ISBN10: 0865975280
• Format: Hardcover
• Copyright: 2005-12-01
• Publisher: Liberty Fund

Summary

Examines the fundamental principles of our legal system from a public choice perspective and compares its efficiency and accuracy with other systems. It presents in full two controversial works by Gordon Tullock, 'The Logic of the Law' and 'The Case against the Common Law', as well as chapters from his 'Trials on Trial' and other innovative articles. Highly critical of the US common law system, Tullock argues for various reforms, even for its replacement with a civil code system.

Table of Contents

Introduction	ix
Charles K. Rowley
THE LOGIC OF THE LAW
Preface	3	(6)
PART 1. FUNDAMENTAL ASSUMPTIONS
Law without Ethics	9	(6)
Fundamental Assumptions	15	(22)
PART 2. CIVIL LAW
Contracts, Substantive Law	37	(18)
Enforcement of Contracts	55	(18)
Anglo-Saxon Encumbrances	73	(25)
Accidents	98	(26)
Status	124	(13)
PART 3. CRIMINAL LAW
Motor Vehicle Offenses and Tax Evasion	137	(15)
Jurisprudence: Some Myths Dispelled	152	(21)
Jurisprudence: Some General Problems	173	(16)
Theft and Robbery	189	(15)
Fraud and Information Control	204	(11)
Crimes against the Person	215	(10)
PART 4. ETHICS
Ethics	225	(232)
Appendix A: Exceptions to the Social Contract	229	(6)
Appendix B: General Table of Symbols	235	(6)
THE ECONOMICS OF LEGAL PROCEEDINGS
The ``Dead Hand'' of Monopoly	241	(11)
James M. Buchanan
Gordon Tullock
Does Punishment Deter Crime?	252	(11)
Two Kinds of Legal Efficiency	263	(11)
Optimal Procedure	274	(17)
Technology: The Anglo-Saxons versus the Rest of the World	291	(18)
Various Ways of Dealing with the Cost of Litigation	309	(15)
The Motivation of Judges	324	(15)
Defending the Napoleonic Code over the Common Law	339	(25)
Negligence Again	364	(16)
Welfare and the Law	380	(19)
THE CASE AGAINST THE COMMON LAW
Introduction	399	(4)
The Ideal of the Common Law	403	(8)
The Common Law in Public Choice Perspective	411	(2)
All the World's a Stage	413	(18)
The Play's the Thing	431	(10)
The Tragedie of the Common Law System in the United States	441	(8)
Why I Prefer Napoleon	449	(8)
Index	457