Legal Realism and Economics as Behavior

Legal Realism and Economics as Behavior PDF Author: Anders Chr. Stray Ryssdal
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 198

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Book Description

Legal Realism and Economics as Behavior

Legal Realism and Economics as Behavior PDF Author: Anders Chr. Stray Ryssdal
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 198

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Book Description


Economics in Legal Reasoning

Economics in Legal Reasoning PDF Author: Péter Cserne
Publisher: Springer Nature
ISBN: 3030401685
Category : Law
Languages : en
Pages : 157

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Book Description
This Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists. Despite their differences, economics and legal reasoning interact in many interesting ways. This book offers a fast track to these interactions. Both supporters and critics of Law & Economics will be exposed to a yet-to-be developed area of interaction between the disciplines. This book will be of interest to economists, legal scholars, and Law and Economics specialists, and can be used as teaching material in courses on Law & Economics and legal reasoning as well.

Frontiers of Legal Theory

Frontiers of Legal Theory PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674013605
Category : Business & Economics
Languages : en
Pages : 474

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Book Description
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

Behavioral Law and Economics

Behavioral Law and Economics PDF Author: Cass R. Sunstein
Publisher: Cambridge University Press
ISBN: 9780521667432
Category : Business & Economics
Languages : en
Pages : 452

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Book Description
Analyzes law with reference to new findings in cognitive psychology and behavioral economics.

The New Legal Realism: Volume 1

The New Legal Realism: Volume 1 PDF Author: Elizabeth Mertz
Publisher: Cambridge University Press
ISBN: 9781107415539
Category : Law
Languages : en
Pages : 0

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Book Description
This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.

Revisiting Legal Realism

Revisiting Legal Realism PDF Author: Oliver E. Williamson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 42

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Book Description


The Behavior of Federal Judges

The Behavior of Federal Judges PDF Author: Lee Epstein
Publisher: Harvard University Press
ISBN: 0674070682
Category : Law
Languages : en
Pages : 491

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Book Description
Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.

Law and Economics

Law and Economics PDF Author: Aristides N. Hatzis
Publisher: Routledge
ISBN: 1317550315
Category : Business & Economics
Languages : en
Pages : 447

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Book Description
The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the United States 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. Academically every major law school in the United States has a Law and Economics program and the emergence of similar programs on other continents continues to accelerate. Despite its phenomenal growth, the area is also the target of an ongoing critique by lawyers, philosophers, psychologists, social scientists, even economists since the late 1970s. While the critique did not seem to impede the development of the field, it certainly has helped it to become more sophisticated, inclusive, and mature. In this volume some of the leading scholars working in the field, as well as a number of those critical of Law and Economics, discuss the foundational issues from various perspectives: philosophical, moral, epistemological, methodological, psychological, political, legal, and social. The philosophical and methodological assumptions of the economic analysis of law are criticized and defended, alternatives are proposed, old and new applications are discussed. The book is ideal for a main or supplementary textbook in courses and seminars on legal theory, philosophy of law, jurisprudence, and (of course) Law and Economics.

The New Legal Realism: Volume 1

The New Legal Realism: Volume 1 PDF Author: Elizabeth Mertz
Publisher: Cambridge University Press
ISBN: 1316495353
Category : Law
Languages : en
Pages : 535

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Book Description
This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.

Overcoming Law

Overcoming Law PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674649255
Category : Law
Languages : en
Pages : 612

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Book Description
Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.