Project assistance

Study.Sci.House ©

study@sci.house
 <<
↑
>>

Backhaus Jürgen G. (ed.). The Elgar Companion to Law And Economics. Second Edition. Edward Elgar,2005. – 777 p.2. 2005

This thoroughly updated and revised edition of a popular and authoritative reference work introduces the reader to the major concepts and leading contributors in the field of law and economics. "The Companion" features accessible, informative and provocative entries on all the significant issues, and breaks new ground by bringing together widely dispersed yet theoretically congruent ideas. Following a comprehensive introduction by the editor, the renowned contributors look in detail at several critical areas including: fundamentals of the law and economics approach, private law and economics, public law and economics, labour law and economics, regulation, taxation and public enterprise, dispute resolution, different sources of the law, economic analysis of a legal problem, and classical authors in law and economics.

<< | >>
↑
Contents
Contributors
Introduction
PART I BASICS OF THE LAW AND ECONOMICS APPROACH
Coase theorem and transaction cost economics in the law
Francesco Parisix
This chapter discusses the pervasive methodological implications of Ronald H. Coase’s contribution to economics and the law.
Transaction costs and Coase’s theory of institutions
The genesis of the problem of social cost
The self-curing failures of the Coasean bargaining
From property rights to individual incentives
Transaction costs and market failures
Coase’s legacy in law and economics
Conclusions
Property rights and their partitioning
Christian Muller and Manfred Tietzel
Property rights can be defined as socially recognized entitlements of individ­uals to use a good.
The ideal of private property
Transactions costs and the partitioning of rights
The problem of common property
Solutions to the problem of common property
Evolution of property rights
Legal change in economic analysis
Positive, normative and functional schools in law and economics
Francesco Parisi
Various important methodological questions have accompanied the growth and evolution of law and economics.
The origins and the evolved domain of law and economics
Schools and intellectual perspectives in law and economics
Pareto, Bentham and Rawls: the dilemma of preference aggregation
Wealth, utility and revealed preferences: the choice of maximand
Commons and anticommons
Francesco Parisi and Ben Depoorter
Commons and anticommons problems are the consequence of symmetric structural departures from a unified conception of property, and are the con­sequence of a lack of conformity between use and exclusion rights (Parisi et al. 2004).
Commons and anticommons: two tragedies on common grounds
In search of a common ground: a unified conception of property
Anticommons, property fragmentation and the laws of entropy
Conclusions
PART II PRIVATE LAW AND ECONOMICS
The economics of tort law
Giuseppe Dari Mattiacci and Francesco Parisi
The relatively simple structure of a tort problem provides one of the most fertile areas for the application of economic analysis to law.
The goals of tort law
A taxonomy of liability rules
Conclusion: the difficult design of tort law
A guided tour through the literature
Family
Margaret Brinig
Introduction
The marriage market
Becoming parents: the market for children
The family firm: marriage
The family firm: parent and child
Changing families
Inheritance
Intellectual property and the markets of ideas
Giovanni B. Ramellox
Introduction
Origins of intellectual property
Intellectual property rights and incentives
Intellectual property rights and markets
Recent developments
Concluding remarks
Incomplete contracts and institutions
Antonio Nicita and Ugo Pagano
Introduction
Definition
The tradeoff between opportunism and adaptation
The hold-up problem
The problem of adaptation
Institutional and contractual solutions for incomplete contracts
Incomplete contracts and market dynamics
Incomplete contracts and institutional complementarity
Conclusions
PART III PUBLIC LAW AND ECONOMICS
Central Bank
Zeljko ISevic
Introduction
Central bank: history and its (natural) development
Central bank: position
Central bank: functions
Central Bank: Independence
Central Bank: Credibility, Accountability, and Social Responsibility
Conclusion
Constitutional economics I
Francesco Farina
Introduction
The liberal appraisal of constitutional rules
Individual and social rights
The rules of the game
Theories of multi-level constitutional organization
Cooperative federalism
Fiscal federalism
Competitive federalism
Functional federalism
Constitutional change
Constitutional economics II
Ludwig Van den Hauwe
Introduction
Theoretical foundations and intellectual origins: the Wicksellian ancestry
The general problem of efficient constitution formation and maintenance
Proposed solutions
Administrative law and economics
Jean-Michel Josselin and Alain Marciano
The domain of administrative law and economics
Strategic behaviours and the paradox of government
Who is the principal? Who is the agent?
Incentive mechanisms and competition for principalship
The constitutional framework
Property
Thomas J. Miceli
Introduction
Origin and assignment of property rights
Legal protection of property rights
Title assurance and the transfer of property
The optimal scale of ownership: private versus common property
Conclusion
The European Union’s institutional design
Elisabetta Croci Angelini
Introduction
Methods of integration
The democratic legitimacy of EU institutions
A theoretical appraisal of EU integration
Subsidiarity
Jurgen G. Backhaus
Introduction
Aspirations and policy goals: enforced and self-enforcing rules and policies
Subsidiarity
Conclusion
PART IV LABOUR LAW AND ECONOMICS
Labour contracts
Company board representation
Jurgen G. Backhaus
Introduction
Codetermination as an interlocking system
The paradox of monitoring
The solution of bonding
Path dependence
Conclusion
Employment security through dismissal protection: market versus policy failures
Christoph F. Buechtemann and Ulrich Walwei1
Introduction
Defining the issue
Modern labour markets and the nature of the employment relationship
Sources of market failures and rationales for public policy interventions
Risks and sources of policy failure
Elements of ‘efficient’ dismissal protection regimes
PART V REGULATION, TAXATION AND PUBLIC ENTERPRISE
Structures of public enterprise
Jurgen G. Backhaus
One of the most fascinating developments in law and economics analysis is the possibility of subjecting public institutions to a scrutiny that allows an assessment of their performance.
Introduction
Attribution of objectives
Is the best practice really good enough?
Public enterprises produce public and private goods
A performance analysis tries to establish what public institutions do and how well they do it
Concluding remarks
Environmental law and economics
Environmental policies choice as an issue of informational efficiency
Donatella Porrini
Choosing between different environmental policy instruments
Regulation versus liability
Analysing different forms of regulation
Compensation funds versus financial responsibility
Concluding remarks
Tradable emission rights
Edwin Woerdman
Introduction
Tradable emission rights: history, use and legal nature
Different types of tradable emission rights
The political economy of instrument choice
Path dependence and the risk of institutional lock-in
Case study: did the Netherlands break out?
Competitive distortions and state aid
Opportunity costs and the polluter-pays principle
Conclusion
Regulatory taxation
Jurgen G. Backhaus1
Introduction
A Coasean view
Basing environmental taxation on opportunity costs
A simple illustration
Concluding remarks
PART VI DISPUTE RESOLUTION
Dispute resolution
Thomas J. Miceli*
Introduction
Modelling the settlement-trial decision
Implications of the model for the cost of litigation
Is there too much litigation?
The selection of disputes for litigation
PART VII DIFFERENT SOURCES OF THE LAW
Judicial independence
Sophie Harnay
Although the idea that the judiciary should be independent is relatively new and the mixing of judicial, legislative and executive duties commonplace for most of history, an independent judiciary is now seen both as a salient feature of a government under the rule of law and as the core of many constitutional arrangements in most developed countries as well as in the legal literature.
The variety of institutional arrangements
Independence from political decision makers
Independence from the litigants
Judicial independence versus judicial accountability
General norms and customs
Jean-Michel Josselin and Alain Marciano
Introduction
Customs as conventional rules
Customs as local general norms
Customs as legal general rules
Customs and other sources of the law
Science as a source of law
Peter R. Senn
So ubiquitous is science as a source of the law that few general statements are possible.
Some relationships of law and science
Direct and indirect influences
Misuses of science as a source of law
Science influences law differently in different legal systems
The social context influences science as a source of the law
Socialscience as a source of the law
Peter R. Senn
The social sciences are, and long have been, a source of the law.
The social sciences have a long history as a source of law
Modern social science and modern law
The Brandeis brief: a forerunner
The processes by which social science becomes a source of law
The influence of social science on the law is context dependent
The uses of social science in a legal system
Social science, the law and public policy
Cognitive science
Connections with law and society research
PART VIII TOWARDS AN IDEAL ECONOMIC ANALYSIS OF A LEGAL PROBLEM
Towards an ideal economic analysis of a legal problem
Jurgen G. Backhaus
Introduction
Three types of analysis
Different applications
General guidelines
Preliminary steps
Analytical steps
Model variations and sensivity analysis
Specific observations
PART IX CLASSICAL AUTHORS IN LAW AND ECONOMICS
Cesare Beccaria (1738-94)
Francesco Parisi and Giampaolo Frezza
It has now become a question of style for American authors to list Cesare Beccaria among the forerunners of the economic analysis of criminal law,1 with specific reference to the work entitledDei delitti e delle pene (On crimes and punishments) (1764).2
Beccaria’s theories of social welfare
Beccaria on crimes and punishments
Conclusions
Franz Bohm (1895-1977)
Heinz Grossekettler
A survey of Bohm’s life and work
How Bohm became a pioneer in law and economics
Specific contributions: Bohm’s influence on German and European antitrust law and codetermination legislation
John R. Commons (1862-1945)
Walter Eucken (1891-1950)
Otto von Gierke (1841-1921)
Jurgen G. Backhaus
Otto von Gierke was born in Stettin, the son of a Prussian official.
The German Civil Code
Augusto Graziani (1865-1938)
Giampaolo Frezza and Francesco Parisi
Introduction
The economic foundation of law
Robert Lee Hale (1884-1969) - legal economist
Nicholas Mercuro, Steven G. Medema and Warren J. Samuels
Introduction1
The origins of Hale’s ideas
Hale’s course, book and research
Hale’s impact on law and economics
Conclusion
Friedrich August von Hayek (1899-1992)
Ludwig Van den Hauwe
Biographical note
Epistemological foundations
Spontaneous order and the theory of cultural evolution
The evolution of common law and the role of the judge
Law and legislation
The rule of law
Proposal for constitutional reform
An application of Hayekian law and economics: the comparative analysis of alternative monetary and banking regimes
Theodor Herzl (1860-1904)
Peter R. Senn
Theodor Herzl was a unique figure in the institutional history of law and economics.
Herzl’s background
The historical context
What Herzl did
Herzl and the new law and economics
Herzl and the history of economic thought
Rudolf von Jhering (1818-92) and the economics ofjustice
Franz Klein (1854-1926)
Etienne Laspeyres (1834-1913)
Wolfgang Drechsler
Introduction
Statistics
The History of the Economic Thought of the Netherlanders
Taxation
Retirement Age
Conclusion
Friedrich List (1789-1846)
Arno Mong Daastol
Introduction
List’s relation to law and economics
List’s background and career
Political struggle: travel and public education
List’s contribution to economics in general
Urbanization and industrialization for a more humane civilization, individual freedom, democracy and rule of law
Similarities and differences of approach: List versus law and economics
List’s criticism of short-sightedness and the beggar-thy-neighbour policy
Mental capital as a basis for entrepreneurship and innovation
Inventions, change and power: the obligation of law and economics
Smith’s generalizations obscure the conflict between private versus communityinterest
Tariffs shall promote skill and liberty
Customs unions avert monopolies and inefficiency
Interrelationships of markets and protection for long-term efficiency
Achille Loria (1857-1943)
Giampaolo Frezza and Francesco Parisi
Introduction
Loria’s ‘economic theory of the law’
The ‘economic theory of the law’ and the study of legal institutions
Karl Marx (1818-83) and Friedrich Engels (1820-95)
Heath Pearson
Introduction
The emergence of a materialist conception of law
Concrete examples of the economic analysis of law
Marx and Engels versus modern law and economics
Carl Menger (1840-1921)
Richard E. Wagner
Carl Menger would surely occupy a secure place in anyone’s pantheon of influential economists.
Life and work
Marginal utility, economic order and economic process
Spontaneous order, institutional evolution and legislation
The methodenstreit as destructive spontaneous evolution?
Plato (c. 427-349 bc)
Wolfgang Drechsler
Introduction
Biography
Law and economics: the Nomoi
Theory
Praxis
Conclusion
Wilhelm Roscher (1817-94)
Erich Streissler
Life and work
Framework of thought
Two examples: slavery and the small-scale firm
Roscher on socialism
The shaping of human behaviour and of legal arrangements by production conditions and social institutions
Emil Sax (1845-1927)
Manfred Prisching
Emil Sax, professor of economics at the German University of Prague from 1879 to 1893 and member of the Austrian parliament, tried to apply Aus­trian economic theory to politics, state and public finance, and further to all kinds of human communities and social associations.
The analysis of individualistic and collectivistic phenomena
Individualistic and collectivistic law systems
General economic categories and socioeconomic processes
Collective needs and public goods
Collective purposes and public institutions
Systems of needs and principles of taxation
Gustav von Schmoller (1838-1917)
Helge Peukert
The man and his time
Schmoller on law and his economic theory
Adam Smith (1723-90)
Helge Peukert
The man, his, life and background
Moral sentiments and jurisprudence
The Wealth of Nations and the functions of law
Werner Sombart (1863-1941)
Lorenz von Stein (1815-90)
Heinz Grossekettler
A survey of von Stein’s life and work
How von Stein became a precursor of the law and economics approach
Specific contributions: von Stein’s influence on the science of administration, the doctrine of a rational tax system and the mapping out of rules for public debt
George Joseph Stigler (1911-92)
Pietro Trimarchi (1934-)
Giampaolo Frezza and Francesco Parisi
Introduction
Risk and strict liability
The economic function of liability
The structure of strict liability
The employer’s vicarious liability
The damage caused by objects: allocating liability
Concurring of risks
Contractual liability and economic analysis of the law
Thorstein Veblen (1857-1929)
Heath Pearson
Introduction
From natural law to legal realism
Legal irrationalism
Legal evolution
Conclusion
Max Weber (1864-1920)
Helge Peukert
The man, his life and sociology
Weber on law and economics
Christian Wolff (1679-1754)
Wolfgang Drechsler
Introduction
Biography1
Law and economics
Bibliography
Index
More economic literature on Economics.Studio

Books and textbooks on the discipline General economic issues:

  1. Allegro R., Giambalvo O.. University Performance Before and During Economic Crises: An Analysis of Graduate Characteristics. Springer,2020. — 78 p. - 2020 ãîä
  2. Baldwin Richard, Weder di Mauro Beatrice. Economics in the Time of COVID-19. London (UK): Centre for Economic Policy Research,2020. — 123 p. - 2020 ãîä
  3. Banerjee A., Rajan R.G. et al.. What the Economy Needs Now. Penguin Press,2019. — 400 p. - 2019 ãîä
  4. Banerjee Abhijit V., Duflo Esther. Good Economics for Hard Times. PublicAffairs,2019. — 403 p. - 2019 ãîä
  5. Bauer J., Latzer M. (Eds.). Handbook on the Economics of the Internet. Edward Elgar,2016. — 603 p. - 2016 ãîä
  6. Alkire S., FosterJ., Seth S. et al.. Multidimensional Poverty Measurement and Analysis. Oxford University Press,2015. — 368 p. - 2015 ãîä
  7. Atkinson Anthony, Bourguignon François. Handbook of Income Distribution. Volume 2A. North Holland,2014. — 2366 p. - 2014 ãîä
  8. Alan Griffiths, Stuart Wall (eds.). Applied Economics. 12th ed. — Financial Times/ Prentice Hall,2011. — 729 p. - 2011 ãîä
  9. Barry A., Slater D.. The Technological Economy. London: Routledge,2005. — 256 p. - 2005 ãîä
  10. Atkinson Anthony, Bourguignon François. Handbook of Income Distribution. Volume 2B. North Holland, 2014. — 2366 p. - ãîä
- Distribution of productive forces - Economic theory - General economic issues - History of economic scientists - Macroeconomics - World economy -
- Conflictology - Ecology - Economy - Finance - History - Law - Medicine - Philosophy - Religious studies -

Study.Sci.House ©

study@sci.house