Search results for 'Law and economics' (try it on Scholar)

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  1.  3
    Say'S. Law, And Supply Side Economics.
    In France, John Baptist Say has the merit of producing a very superior work on the subject of Political Economy. His arrangement is luminous, ideas clear, style perspicuous, and the whole subject brought within half the volume of [Adam] Smith's work. Add to this considerable advances in correctness and extension of principles.
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  2.  19
    Alice Belcher (2000). A Feminist Perspective on Contract Theories From Law and Economics. Feminist Legal Studies 8 (1):29-46.
    This article offers a feminist perspective on contract theories in law,economics and law-and-economics. It identifies masculine traits presentcontract theories in all three disciplines. It then describes andassesses some developments that appear to be ‘feminising’: Therecognition of the importance of social norms in contract theory andtheories of contract as relationship. The article's main claim is that amasculine model of decision-making persists even within the less overtlymasculine models of contract. The problem of sexually transmitted debtresulting from a surety contract is (...)
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  3. Mark Kuperberg & Charles R. Beitz (eds.) (1983). Law, Economics, and Philosophy: A Critical Introduction, with Applications to the Law of Torts. Rowman & Allanheld.
     
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  4. Govind C. Persad, Linden Elder, Laura Sedig, Leonardo Flores & Ezekiel J. Emanuel (2008). The Current State of Medical School Education in Bioethics, Health Law, and Health Economics. Journal of Law, Medicine and Ethics 36 (1):89-94.
    This study reviews the amount of attention bioethics, health law, and health economics receive in medical school curricula and the background of professors teaching these topic. It concludes that the number of required hours of instruction in bioethics, health law, and health economics in medical schools comprises less than two percent of the medical school curriculum; that time on these subjects is heavily weighted toward the first two years of medical education; and that many instructors have not published (...)
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  5. Paolo Silvestri (2012). Economia, Diritto e Politica nella filosofia di Croce. Tra finzioni, istituzioni e libertà. (Economics, Law and Politics in Croce's Philosophy. Between Fictions, Institutions and Freedom). Giappichelli.
    Italian Abstract: Il testo propone una rilettura critica della filosofia di Croce, articolata attorno ai quei due snodi che la teoria degli «pseudoconcetti» mira a trattare unitariamente: il finzionale e l’istituzionale. Tentando di rinnovare il nominalismo e contro ogni ipostatizzazione metafisica, lo pseudoconcetto si incarica di rendere conto della logica dell’astratto e dell’‘empirico’: le leggi, i tipi, i modelli e gli schemi delle scienze sociali, ma anche le istituzioni e le leggi degli ordinamenti giuridici, politici ed economici. Donde la riconfigurazione, (...)
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  6.  1
    Eyal Zamir & Barak Medina (2010). Law, Economics, and Morality. OUP Usa.
    Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis (CBA) is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good (...)
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  7.  27
    Brian E. Butler, Law and Economics. Internet Encyclopedia of Philosophy.
  8.  39
    E. Mine Cinar (1999). The Issue of Insider Trading in Law and Economics: Lessons for Emerging Financial Markets in the World. [REVIEW] Journal of Business Ethics 19 (4):345 - 353.
    Growth of the private sector and privatization of state companies around the world have led to the emergence of various stock markets, some of which are depicted by insider trading. Law literature uses the arguments of unfairness, breach of fiduciary rights and damage to others to define and rule against insider trading. Economic literature can be used to interpret insider trading from other perspectives. This study argues that the question of insider trading in developing markets can be resolved by the (...)
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  9. J. Roland Pennock & John William Chapman (eds.) (1982). Ethics, Economics, and the Law. New York University Press.
     
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  10. Robert N. Moles (ed.) (1988). Law and Economics: Association for Legal and Social Philosophy, Fourteenth Annual Conference, the Queen's University of Belfast, 2-4 April 1987. [REVIEW] F. Steiner.
     
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  11.  14
    Richard O. Zerbe (2001). Economic Efficiency in Law and Economics. Edward Elgar.
    . History of the concept of economic efficiency . INTRODUCTION James Buchanan won the Nobel Prize by proving that the process by which elected officials ...
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  12.  2
    Robin Paul Malloy (1999). Law and Market Economy: The Triadic Linking of Law, Economics, and Semiotics. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 12 (3):285-307.
  13.  35
    Govind C. Persad, Linden Elder, Laura Sedig, Leonardo Flores & Ezekiel J. Emanuel (2008). The Current State of Medical School Education in Bioethics, Health Law, and Health Economics. Journal of Law, Medicine & Ethics 36 (1):89-94.
    Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects (...)
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  14.  50
    Josef Sima (2004). Praxeology as Law & Economics. Journal of Libertarian Studies 18:73-90.
  15.  65
    Mark D. White (2010). Behavioral Law and Economics : The Assault on Consent, Will, and Dignity. In Christi Favor, Gerald F. Gaus & Julian Lamont (eds.), Essays on Philosophy, Politics & Economics: Integration & Common Research Projects. Stanford Economics and Finance
    In "Behavioral Law and Economics: The Assault on Consent, Will, and Dignity," Mark D. White uses the moral philosophy of Immanuel Kant to examine the intersection of economics, psychology, and law known as "behavioral law and economics." Scholars in this relatively new field claim that, because of various cognitive biases and failures, people often make choices that are not in their own interests. The policy implications of this are that public and private organizations, such as the state (...)
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  16.  26
    Russell Hardin (1992). The Morality of Law and Economics. Law and Philosophy 11 (4):331 - 384.
    The moral heart of normative law and economics is efficiency, especially dynamic efficiency that takes incentive effects into account. In the economic theory, justificatory argument is inherently at the institutional- or rule-level, not an the individual- or case-level. InMarkets, Morals, and the Law Jules Coleman argues against the efficiency theory on normative grounds. Although he strongly asserts the need to view law institutionally, he frequently grounds his criticisms of law and economics in arguments from little more than direct (...)
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  17.  6
    Steven G. Medema (1999). Symposium on the Coase Theorem: Legal Fiction: The Place of the Coase Theorem in Law and Economics. Economics and Philosophy 15 (2):209.
    Modern law and economics received much of its impetus from Ronald Coase's analysis in ‘The Problem of Social Cost,’ and a goodly amount of that comes from the Coase theorem, which states that, absent transaction costs, externalities will be efficiently resolved through bargaining. The fact that the analysis that came to be codified in the Coase theorem was an exercise in pure fiction on Coase's part did not deter the erection of a substantial edifice of positive and normative analysis (...)
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  18.  5
    Samson Vermont (1999). Why 'Law and Economics' Is Not the Frankenstein Monster. Economics and Philosophy 15 (2):249.
    In a published debate between Law and Economics avatar Judge Richard Posner and Professor Robin Malloy entitled ‘Is Law and Economics Moral?’, Malloy argued that the dominant methodology of Law and Economics is immoral. Malloy likened it to the Frankenstein Monster – an unholy, undead abomination that can go berserk despite its ostensibly benign provenience. Malloy claimed that wealth maximization applied to social discourse ‘reduces people to an human existence to imaginary variables for calculation’.
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  19.  1
    J. L. Nelson (1992). Too Old for Health Care? Controversies in Medicine, Law, Economics and Ethics, Edited by Robert H. Binstock and Stephen G. Post. [REVIEW] Bioethics 6 (3):251-257.
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  20. William Rehg (2014). Book Review: Natural Law, Economics, and the Common Good, Edited by Samuel Gregg and Harold James. [REVIEW] Journal of Moral Philosophy 11 (6):773-776.
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  21. R. Wilson (2007). Islamic Finance: Law, Economics and Practice * BY MAHMOUD A. EL-GAMAL. Journal of Islamic Studies 18 (3):466-468.
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  22.  12
    Mark A. Hall (1997). Making Medical Spending Decisions: The Law, Ethics, and Economics of Rationing Mechanisms. Oxford University Press.
    This book explores the making of health care rationing decisions through the analysis of three alternative decision makers: patients paying out of pocket; officials setting limits on treatments and coverage; and physicians at the bedside. Hall develops this analysis along three dimensions: political economics, ethics, and law. The economic dimension addresses the practical feasibility of each method. The ethical dimension discusses the moral aspects of these methods, while the legal dimension traces the most recent developments in jurisprudence and health (...)
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  23.  21
    Luis Tomás Montilla Fernández & Johannes Schwarze (2013). John Rawls's Theory of Justice and Large-Scale Land Acquisitions: A Law and Economics Analysis of Institutional Background Justice in Sub-Saharan Africa. [REVIEW] Journal of Agricultural and Environmental Ethics 26 (6):1223-1240.
    During the 2007–2008 global food crisis, the prices of primary foods, in particular, peaked. Subsequently, governments concerned about food security and investors keen to capitalize on profit-maximizing opportunities undertook large-scale land acquisitions (LASLA) in, predominantly, least developed countries (LDCs). Economically speaking, this market reaction is highly welcome, as it should (1) improve food security and lower prices through more efficient food production while (2) host countries benefit from development opportunities. However, our assessment of the debate on the issues indicates critical (...)
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  24.  5
    Randy E. Barnett, Post-Chicago Law and Economics.
    This is not another "law-and-econ" bashing symposium. Nor is the symposium's title intended to denigrate Chicago School law and economics any more than the term "Post-Keynesian economics" was intended to denigrate the work of John Maynard Keynes. Instead, this symposium marks the fact that many practitioners of law and economics have moved well beyond the stereotypes familiar to most legal academics. Rather than designating an entirely new school of thought, the term "Post-Chicago law and economics" refers (...)
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  25.  3
    Bernard H. J. Verstegen (1994). Law and Economics and the Infinite Regress in Explaining Rationality. Journal of Economic Methodology 1 (2):269-278.
    In the Law and Economics literature optimizing techniques are used when a choice must be made between various legal constructions. Often, an aggregate or collective welfare measure is formulated and the legal rule is selected which generates through efficient individual behavior the aggregate welfare maximum. A problem emerges if an efficient and therefore rational decision is assumed both on the individual level and the aggregate level. The legal rules which play a part in forming the decision problem for the (...)
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  26.  10
    Mark Sargent, Utility, the Good and Civic Happiness: A Catholic Critique of Law and Economics.
    This paper contrasts the value maximization norm of welfare economics that is central to law and economics in its prescriptive mode to the Aristotelian/Aquinian principles of Catholic social thought. The reluctance (or inability) of welfare economics and law and economics to make judgments about about utilities (or preferences) differs profoundly from the Catholic tradition (rooted in Aristotle as well as religious faith) of contemplation of the nature of the good. This paper also critiques the interesting argument (...)
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  27.  2
    Anthony Duggan (2006). Exemplary Damages in Equity: A Law and Economics Perspective. Oxford Journal of Legal Studies 26 (2):303-326.
    In Harris v Digital Pulse Pty Ltd (2003) 56 NSWLR 298, the New South Wales Court of Appeal held that exemplary (or punitive) damages are not available for breach of fiduciary duty or other equitable obligation. The decision runs counter to authorities in Canada, New Zealand and some U.S. states. Punitive (exemplary) damages is a hotly debated topic in the United States and it has attracted considerable interest among law and economics scholars, particularly in the tort litigation context. This (...)
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  28. Simon Deakin & Jonathan Michie (eds.) (1998). Contracts, Co-Operation, and Competition: Studies in Economics, Management, and Law. Oxford University Press Uk.
    The economic theory of contract is being reshaped in ways which resonate with the findings of socio-legal contract scholars and of industrial economists and sociologists in the Marshallian tradition, who emphasise the 'embeddedness' of organizations within their social and cultural environment. Contractual co-operation is seen as depending on institutional factors which serve to enhance 'trust', and arrangements which in the past were criticized as the product of collusion are being reassessed as potentially efficient responses to market failure. An active debate (...)
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  29. Alain Marciano (ed.) (2009). Law and Economics: A Reader. Routledge.
    This book brings together the most authoritative articles on Law and Economics and the interaction between the two disciplines as well as the use of economic tools to analyse legal problems. Aimed at students experiencing the subject for the first time, the selections are interlaced with a wealth of features including explanatory introductions and exercises. Key features of the reader include: - The accessibility of the material: the articles should be understandable to those with only a limited background in (...)
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  30. Nicholas Mercuro & Steven G. Medema (2006). Economics and the Law, Second Edition: From Posner to Postmodernism and Beyond. Princeton University Press.
    This is an expanded second edition of Nicholas Mercuro and Steven Medema's influential book Economics and the Law, whose publication in 1998 marked the most comprehensive overview of the various schools of thought in the burgeoning field of Law and Economics. Each of these competing yet complementary traditions has both redefined the study of law and exposed the key economic implications of the legal environment. The book remains true to the scope and aims of the first edition, but (...)
     
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  31. Wolfgang Weigel (2008). Economics of the Law: A Primer. Routledge.
    There is an ever-increasing interest in the question of how and why legal norms can effectively guide human action. This compact volume demonstrates how economic tools can be used to examine this question and scrutinize these legal norms. Indeed, this is one of the first text to be based on civil law instead of the more usual common law, situating the study of both private and public law within the framework of institutional economics, with recommendations for further reading and (...)
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  32. Tyler Cowen (1992). Law as a Public Good: The Economics of Anarchy. Economics and Philosophy 8 (2):249-267.
    Various writers in the Western liberal and libertarian tradition have challenged the argument that enforcement of law and protection of property rights are public goods that must be provided by governments. Many of these writers argue explicitly for the provision of law enforcement services through private market relations.
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  33. Richard Dawson (2014). Justice as Attunement: Transforming Constitutions in Law, Literature, Economics, and the Rest of Life. Routledge.
     
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  34. Mark Turner (2003). Cognitive Dimensions of Social Science: The Way We Think About Politics, Economics, Law, and Society. Oxford University Press Usa.
    What will be the future of social science? Where exactly do we stand, and where do we go from here? What kinds of problems should we be addressing, with what kinds of approaches and arguments? In Cognitive Dimensions of Social Science, Mark Turner offers an answer to these pressing questions: social science is headed toward convergence with cognitive science. Together they will give us a new and better approach to the study of what human beings are, what human beings do, (...)
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  35. Jon Hanson, Kathleen Hanson & Melissa Hart (1996). Law and Economics. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers
     
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  36.  6
    Jeremy Bentham & Dan Usher (1999). Why'law and Economics'is Not the Frankenstein Monster. Economics and Philosophy 15:249-267.
  37.  13
    David D. Friedman (1994). Law as a Private Good: A Response to Tyler Cowen on the Economics of Anarchy. Economics and Philosophy 10 (2):319.
  38.  14
    Jody S. Kraus, From Langdell to Law and Economics: Two Conceptions of Stare Decisis in Contract Law and Theory.
    In his classic monograph, The Death of Contract, Grant Gilmore argued that Christopher Columbus Langdell, Oliver Wendell Holmes, and Samuel Williston trumped up the legal credentials for their classical bargain theory of contract law. Gilmore's analysis has been subjected to extensive criticism, but its specific, sustained, and fundamental charge that the bargain theory was based on a fraudulent misrepresentation of precedential authority has never been questioned. In this Essay, I argue that Gilmore's case against the classical theorists rests on the (...)
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  39.  3
    Denis Brion (2002). Robin Paul Malloy, Law and Market Economy: Reinterpreting the Values of Law and Economics. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 15 (2):217-230.
  40.  4
    Kelley Ross, Chicago Schools: Economics, Religion, Philosophy, & Law.
    The references to "Chicago" (meaning, of course, the University of Chicago) Schools of economics and history of religion, and the quotation of Allan Bloom, who may be considered to belong to a Chicago school of philosophy, may suggest a general endorsement of "Chicago" ideas. This is not the case.
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  41. Hdc Roscam Abbing (1988). Economics, Ethics, Law, and Medical Conduct. In Gavin H. Mooney & Alistair McGuire (eds.), Medical Ethics and Economics in Health Care. Oxford University Press
     
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  42. Hugo M. Mialon & Paul H. Rubin (eds.) (2008). Economics, Law and Individual Rights. Routledge.
    This is the first book to examine individual rights from an economic perspective, collecting together leading articles in this emerging area of interest and showing the vibrant and expanding scholarship that relates them. Areas covered include The implications of constitutional protections of individual rights and freedoms, including freedom of speech and of the press, The right to bear arms, The right against unreasonable searches, The right against self-incrimination, The right to trial by jury, The right against cruel and unusual punishment, (...)
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  43. Richard Rawlings (ed.) (1997). Law, Society, and Economy: Centenary Essays for the London School: Centenary Essays for the London School of Economics and Political Science, 1895-1995. Oxford University Press Uk.
    This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors have been chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira Unger. (...)
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  44. Amartya Sen (2009). Economics, Law, and Ethics. In Reiko Gotoh & Paul Dumouchel (eds.), Against Injustice: The New Economics of Amartya Sen. Cambridge University Press
     
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  45. Mark Tunick (2009). Efficiency, Practices, and the Moral Point of View: Limits of Economic Interpretations of Law. In Mark White (ed.), Theoretical Foundations of Law and Economics. Cambridge University Press
    This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of (...)
     
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  46.  19
    Benoit B. Mandelbrot (2009). “New Methods of Statistical Economics,” Revisited: Short Versus Long Tails and Gaussian Versus Power‐Law Distributions. Complexity 14 (3):55-65.
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  47.  50
    Jules L. Coleman (1984). Economics and the Law: A Critical Review of the Foundations of the Economic Approach to Law. Ethics 94 (4):649-679.
  48.  1
    Witteveen (2014). Richard Dawson, Justice as Attunement: Transforming Constitutions in Law, Literature, Economics and the Rest of Life. Netherlands Journal of Legal Philosophy 43 (2).
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  49.  57
    Richard A. Posner (2004). Law and Economics in Common-Law, Civil-Law, and Developing Nations. Ratio Juris 17 (1):66-79.
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  50.  11
    Thomas P. Neill (1943). Physiocratic Economics and the Natural Law. Modern Schoolman 21 (1):37-46.
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