Economics and the Law: From Posner to Post-modernism

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Princeton University Press, 1999 - 235 頁

The last several decades have witnessed the development of diverse approaches to the evolving field of Law and Economics. Each school of thought within Law and Economics has helped both to redefine the study of law and to expose the important economic implications of the legal environment. Here, Nicholas Mercuro and Steven Medema present a valuable, concise overview of the current perspectives and varied traditions that constitute the field. The authors make clear that Law and Economics is not a homogeneous movement by deftly illuminating the several competing and yet complementary traditions, including the Chicago School of Law and Economics, Public Choice Theory, Institutional and Neo-Institutional Law and Economics, the New Haven School, and Modern Civic Republicanism, as well as the challenge to Law and Economics posed by Critical Legal Studies. By providing readers with a noncritical description of the broad contours of each school of thought, Mercuro and Medema convey a strong sense of the important elements of each of these interrelated yet varied traditions.


The authors define Law and Economics broadly to include the application of economic theory (primarily microeconomics and the basic concepts of welfare economics) to the formation, structure, processes, and economic impact of law and legal institutions. Because the law and the economy interact across a variety of fronts, the fundamental insights of this burgeoning field have important implications, not only for economics and the law, but also for those in contiguous disciplines such as political science, public administration, and sociology.

-- "Constitutional Political Economy"

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內容

The Jurisprudential Niche of Law and Economics
3
The Present Situation in LegalEconomic Scholarship
4
The Law in Law and Economics
5
The Economic in Law and Economics
13
The Logic of Law and Economics
21
Conclusion
24
Appendix to Chapter 1
25
KaldorHicks Efficiency
45
Evolution Interdependence and Order
112
Rights Power and Government
115
The Problematic Nature of Efficiency
118
Comparative Institutional Analysis
121
Applications of the Institutional Approach
123
Neoinstitutional Law and Economics
130
The LegalEconomic Analysis of Institutional Environments
132
The LegalEconomic Analysis of Institutional Arrangements
140

Chicago Law and Economics
51
Fundamental Building Blocks of the Chicago Approach
57
Chicago Law and Economics at Work
61
The New Haven School of Law and Economics
79
Public Choice Theory
84
Methodological Closure
86
Public Choice TheoryHomo Economicus
87
Contractarian Public Choice TheoryCatallaxy
94
RentSeeking Behavior
96
The Modern Republican Civic Tradition and Public Choices
97
Institutional Law and Economics
101
Critical Legal Studies
157
Its Origins
158
Fundamental Elements of CLS Analysis
161
Continuous Development and Continuing Concerns
171
Continuing Concerns in LegalEconomic Policy
176
Notes
191
Bibliography
207
Name Index
229
Subject Index
233
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關於作者 (1999)

Nicholas Mercuro is University-wide Professor at Michigan State University. He is a coauthor of Law, Economics and Public Policy.
Steven G. Medema, is Professor of Economics at the University of Colorado at Denver and is the author of Ronald H. Coase.

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