Research Handbook on the Economics of Torts PDF Download
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Author: Jennifer Arlen
Publisher: Edward Elgar Publishing
ISBN: 1781006172
Category : Law
Languages : en
Pages : 668
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Book Description
Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Author: Jennifer Arlen
Publisher: Edward Elgar Publishing
ISBN: 1781006172
Category : Law
Languages : en
Pages : 668
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Book Description
Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Author: Alon Harel
Publisher: Edward Elgar Publishing
ISBN: 0857930656
Category : Law
Languages : en
Pages : 273
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Book Description
Jeremy Bentham and Gary Becker established the tradition of analyzing criminal law in utilitarian and economic terms. This seminal book continues that tradition with specially commissioned, original papers that span the philosophical foundations of the use of economics in criminal law, both traditional economic perspectives and behavioral and experimental approaches to the discipline. The contributors examine and evaluate the optimal design of criminal law norms as well as the ideal structure of law enforcement institutions. They delineate what wrongs ought to be criminalized, identify the boundaries between criminal law and tort, and determine the optimal size of sanctions given the differential vulnerability of victims. They also analyze the special considerations that apply to the regulation of corporate crime, the effects of technology on crime, and the effects of the distribution of wealth on sentencing. This essential Handbook provides students and scholars of criminal law and law and economics the opportunity to explore the diversity of contemporary approaches to the economics of crime. Criminologists, sociologists and policymakers will also find it a valuable addition to their collections.
Author: Todd J. Zywicki
Publisher: Edward Elgar Publishing
ISBN: 1788113101
Category : Austria
Languages : en
Pages : 451
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Book Description
The original contributions to the Research Handbook provide an introduction to the application of Austrian economics to law. The book begins with chapters on the methodology of law and economics. Further chapters discuss key concepts in Austrian economics – dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge – as they relate to topics in evolutionary law (social rules, self-governance, dispute resolution) and basic law (torts, antitrust, civil procedure, business and family law).
Author: Thomas J. Miceli
Publisher: Edward Elgar Publishing
ISBN: 9781783471737
Category : Law and economics
Languages : en
Pages : 0
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Book Description
One of the great successes of the law and economics movement has been the use of economic models to explain the structure and function of broad areas of law. The original contributions to this volume epitomize that tradition, offering state-of-the-art research on the many facets of economic modeling in law. The contributors employ a variety of economic methodologies to explore a wide range of topics, including torts, contracts, property, crime, employment, the environment, and legal procedure. This depth and breadth of scholarship reflect the continuing vitality of the economic approach to law, offering an illuminating look into the future of the field and providing inspiration and guidance for the next generation of theorists. This timely volume will appeal to students, professors and researchers in both law and economics, particularly those with an interest in the theoretical and practical intersections of the two fields. Contributors L. Anderlini, M. Baker, F. Baumann, J. De Mot, B. Deporter, D. Dharmapala, W. Emons, L. Felli, C. Fluet, T. Friehe, N. Garoupa, Z. Grossman, S. Izmalkov, C. Landeo, R. McAdams, T. Miceli, M.Nikitin, J. Pincus, A. Postlewaite, R. Rabon, G. Ramello, K. Segerson, P. Shapiro, T. Tsvetanov, T. Ulen, N. Westelius, A. Wickelgren
Author: Lloyd R. Cohen
Publisher: Edward Elgar Publishing
ISBN: 0857930648
Category : Law
Languages : en
Pages : 321
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Book Description
Those not learned in the economic arts believe that economics is either solely or essentially concerned with commercial relations. And, so it was, originally. Then, in the second half of the 20th century, economists began applying their minimalist but sturdy tools to other human activities such as marriage, child-bearing, crime, religion and social groups. In this spirit, the Research Handbook on the Economics of Family Law gives us a series of original essays by distinguished scholars in economics, law or both. The essays represent a variety of approaches to the field. Many contain extensive surveys of the literature with respect to the particular question they address. Some employ empirical economics, others are more narrowly legal. They have in common one thing: each scholar employs a core economic tool or insight to shed light on some aspect of family law and social institutions broadly understood. Topics covered include: divorce, child support, infant feeding, abortion access, prostitution, the decline in marriage, birth control and incentives for partnering. This comprehensive and enlightening volume will be a valuable reference for those interested in law and economics generally and family law in particular.
Author: Malabika Pal
Publisher: Taylor & Francis
ISBN: 1000627497
Category : Law
Languages : en
Pages : 224
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Book Description
This book looks at the negligence concept of tort law and studies the efficiency issue arising from the determination of negligence. It does so by scrutinizing actual court decisions from three common law jurisdictions – Britain, India and the United States of America. This volume fills a very significant gap, scrutinizing 52 landmark judgments from these three countries, by focussing on the negligent affliction of economic loss determined by common law courts and how these findings relate to the existing theoretical literature. By doing so, it examines the formalization of legal concepts in theory, primarily the question of negligence determination and liability, and their centrality in theories concerning tort law. This book will be very helpful for students, professors and practitioners of law, jurisprudence and legal theory. It will additionally be of use to researchers and academics interested in law and economics, procedure and legal history.
Author: Joshua C. Teitelbaum
Publisher: Edward Elgar Publishing
ISBN: 1849805687
Category : Business & Economics
Languages : en
Pages : 545
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Book Description
The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive, and emotional forces. The field’s insights have important implications for law. This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law. It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward.
Author: Israel Gilead
Publisher:
ISBN:
Category :
Languages : en
Pages : 22
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Book Description
The Research Handbook on the Economic of Torts (Edward Elgar, 2013), edited by Jennifer Arlen, contains a very impressive collection of contributions written by leading tort scholars. The major theme that runs through the Handbook's diversified chapters is that the economic analysis of tort law has developed, as it should have, from ideal and generalized models into more realistic, informed and context-related analysis. The traditional, canonical, models were ideal and generalized in the sense that they tended to focus on two parties (victim and injurer), in a world of perfect information, of optimal courts, of no litigation costs and of no insurance. They assumed that the threat of tort liability can induce due (efficient) care by both (solvent) injurers and victims, and that same economic analysis models are applicable to different types of accident and harms. More recent and more mature economic analysis, it is demonstrated, has acknowledged, and has been adjusted to, the realities of imperfect and asymmetrical information, courts' errors, significant litigation costs, the complexity of multi-party litigation and the limits of tort law as an efficient deterrent given cognitive biases, limited ability to control inadvertence and insolvency. Economic analysis according to this theme has developed to be much more sensitive to context, to insurance, to institutional liability, to the importance of experimental research and empirical data, and to the alternatives to tort liability. Other traits of the mature economic analysis are recognition, even by its proponents, that actual tort law is sometimes inefficient, and that different economic models have to be synthesized. This review has two major parts. The first part illustrates, by comparing different topics and contributions, how important factors that were previously disregarded or understated are integrated into present economic analysis. These factors are: imperfect and asymmetrical information, adjustments of the deterrent effect of tort liability, institutional liability, context-based analysis, and experimental legal studies and their implications on tort reforms and tort theory. The second part comments on and criticizes the Chapters on medical malpractice, causation, fault and insurance, challenging some of the claims and proposals made there. It concludes with two reflections on the economic analysis of tort law.
Author: Mauro Bussani
Publisher: Edward Elgar Publishing
ISBN: 1789905982
Category : Law
Languages : en
Pages : 584
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Book Description
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Author: Daniel Schwarcz
Publisher: Edward Elgar Publishing
ISBN: 1782547142
Category : Law
Languages : en
Pages : 549
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Book Description
The fields of insurance law and insurance economics have long and distinguished scholarly histories, but participants in the two disciplines have not always communicated well across academic silos. This Handbook encourages more policy-relevant insurance e
