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

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  1. Alice Belcher (2000). A Feminist Perspective on Contract Theories From Law and Economics. Feminist Legal Studies 8 (1):29-46.score: 81.0
    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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  2. Mark Kuperberg & Charles R. Beitz (eds.) (1983). Law, Economics, and Philosophy: A Critical Introduction, with Applications to the Law of Torts. Rowman & Allanheld.score: 69.0
     
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  3. 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.score: 66.0
    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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  4. Brian E. Butler, Law and Economics. Internet Encyclopedia of Philosophy.score: 66.0
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  5. 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.score: 66.0
    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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  6. Richard O. Zerbe (2001). Economic Efficiency in Law and Economics. Edward Elgar.score: 61.0
    . 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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  7. 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.score: 60.0
     
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  8. J. Roland Pennock & John William Chapman (eds.) (1982). Ethics, Economics, and the Law. New York University Press.score: 60.0
     
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  9. Eyal Zamir & Barak Medina (2010). Law, Economics, and Morality. OUP USA.score: 60.0
    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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  10. 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.score: 51.0
    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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  11. Russell Hardin (1992). The Morality of Law and Economics. Law and Philosophy 11 (4):331 - 384.score: 51.0
    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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  12. Bernard H. J. Verstegen (1994). Law and Economics and the Infinite Regress in Explaining Rationality. Journal of Economic Methodology 1 (2):269-278.score: 49.0
    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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  13. Mark Sargent, Utility, the Good and Civic Happiness: A Catholic Critique of Law and Economics.score: 48.0
    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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  14. Mark A. Hall (1997). Making Medical Spending Decisions: The Law, Ethics, and Economics of Rationing Mechanisms. Oxford University Press.score: 48.0
    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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  15. Randy E. Barnett, Post-Chicago Law and Economics.score: 48.0
    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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  16. Anthony Duggan (2006). Exemplary Damages in Equity: A Law and Economics Perspective. Oxford Journal of Legal Studies 26 (2):303-326.score: 48.0
    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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  17. 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.score: 48.0
    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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  18. 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.score: 48.0
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  19. Eileen A. Scallen (1995). American Legal Argumentation: The Law and Literature/Rhetoric Movement. [REVIEW] Argumentation 9 (5):705-717.score: 45.0
    This essay discusses the most recent manifestations of the debate of the law and literature movement. The essay traces the evolution of the Law and Literature schools and identifies some of their adherents and conclusions, shows how these schools have influenced the conceptual development and teaching of American law, presents connections between the Critical Legal Studies and Law and Economics movements in the U.S., and raises questions about the Law and Literature movement.
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  20. 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.score: 45.0
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  21. Josef Sima (2004). Praxeology as Law & Economics. Journal of Libertarian Studies 18:73-90.score: 45.0
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  22. Jody S. Kraus, From Langdell to Law and Economics: Two Conceptions of Stare Decisis in Contract Law and Theory.score: 42.0
    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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  23. Matthew D. Adler & Eric A. Posner (eds.) (2001). Cost-Benefit Analysis: Legal, Economic, and Philosophical Perspectives. University of Chicago Press.score: 42.0
    Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal (...)
     
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  24. Richard Dawson (2014). Justice as Attunement: Transforming Constitutions in Law, Literature, Economics, and the Rest of Life. Routledge.score: 42.0
     
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  25. Tyler Cowen (1992). Law as a Public Good: The Economics of Anarchy. Economics and Philosophy 8 (02):249-267.score: 39.0
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  26. David D. Friedman (1994). Law as a Private Good: A Response to Tyler Cowen on the Economics of Anarchy. Economics and Philosophy 10 (02):319-.score: 39.0
  27. Samson Vermont (1999). Why 'Law and Economics' Is Not the Frankenstein Monster. Economics and Philosophy 15 (02):249-.score: 39.0
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  28. Kelley Ross, Chicago Schools: Economics, Religion, Philosophy, & Law.score: 39.0
    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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  29. Eric A. Posner (2002). Law and Market Economy: Reinterpreting the Values of Law and Economics, Robin Paul Malloy. Cambridge University Press, 2000, X + 179 Pages. [REVIEW] Economics and Philosophy 18 (1):183-204.score: 39.0
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  30. Warren J. Samuels (2007). The Legal-Economic Nexus. Routledge.score: 39.0
    Providing another key contribution to the immensely popular field of law and economics, this book, written by the doyen of the history of economic thought in the US, explores the dynamic relationship between economics, law and polity. Combining a selection of old and new essays by Warren J. Samuels that chart a number of key themes, it provides an important commentary on the development of an academic field and demonstrates how policy is structured and manipulated by human social (...)
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  31. 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.score: 39.0
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  32. 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 (02):209-.score: 39.0
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  33. 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.score: 39.0
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  34. Jeremy Bentham & Dan Usher (1999). Why'law and Economics'is Not the Frankenstein Monster. Economics and Philosophy 15:249-267.score: 39.0
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  35. 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.score: 39.0
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  36. 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.score: 39.0
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  37. Amartya Sen (2009). Economics, Law, and Ethics. In Reiko Gotoh & Paul Dumouchel (eds.), Against Injustice: The New Economics of Amartya Sen. Cambridge University Press.score: 39.0
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  38. Warren J. Samuels, A. Allan Schmid & James D. Schaffer (2007). An Evolutionary Approach to Law and Economics. In , The Legal-Economic Nexus. Routledge.score: 37.0
     
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  39. 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.score: 36.0
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  40. Richard A. Posner (2004). Law and Economics in Common-Law, Civil-Law, and Developing Nations. Ratio Juris 17 (1):66-79.score: 36.0
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  41. Jules L. Coleman (1988/1998). Markets, Morals, and the Law. Oxford University Press.score: 36.0
    This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.
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  42. David Howarth (2000). On the Question, “What is Law?”. Res Publica 6 (3):259-283.score: 36.0
    Re-framing discussion of the question, “What is law?“ in terms of the contexts in which the whole question makes sense allows us to see that jurisprudence is about boundary disputes concerning law – that is about what should count as law – and about responses to attacks on the value of law. Concern for these two issues constitutes the boundary challenge perspective. The boundary challenge perspective not only allows us fully to escape essentialism about law, it also provides us with (...)
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  43. Robert E. Goodin (1980). Book Review:Property, Power, and Public Choice: An Inquiry Into Law and Economics. A. Allen Schmid. [REVIEW] Ethics 90 (2):306-.score: 36.0
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  44. Peter Vallentyne (2000). Barbara Fried, The Progressive Assault on Laissez Faire: Robert Hale and the First Law and Economics Movement:The Progressive Assault on Laissez Faire: Robert Hale and the First Law and Economics Movement. Ethics 110 (3):612-614.score: 36.0
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  45. Sidney Ball (1896). Book Review:The Social Contract. J. J. Rousseau; Annals of the British Peasantry. Russell M. Garnier; Economics and Socialism. F. A. Laycock; The Better Administration of the Poor Law. W. Chance; The Local Control of the Liquor Traffic. Arthur H. Boyden; The Socialist State. E. C. K. Gonner. [REVIEW] Ethics 6 (2):258-.score: 36.0
  46. H. I. Bell (1932). The Large Estates of Byzantine Egypt. By Edward Rochie Hardy Jr., Ph.D. Pp. 162; 1 Plate, 1 Map. (Columbia University Studies in History, Economics and Public Law, No. 354.) New York: Columbia University Press (London: P. S. King), 1931. Cloth, $3.00 or 15s. [REVIEW] The Classical Review 46 (05):236-.score: 36.0
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  47. Dr Ross, EC 450 Economics, Institutions and Law.score: 36.0
    In your simulation you will devise measures to try to relieve the severity of the current global recession and speed the re-emergence of global growth. Each of you will be assigned the identity of an actual person with a specific institutional role. You will be required to undertake web-based research on that person, that person’s institution, and the utility function the person would be expected to behave in accordance with, given their role.
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  48. Charles Villa-Vicencio (1992). A Theology of Reconstruction: Nation-Building and Human Rights. Cambridge University Press.score: 36.0
    The changing situation in South Africa and Eastern Europe prompts Charles Villa-Vicencio to investigate the implications of transforming liberation theology into a theology of reconstruction and nation-building. Such a transformation, he argues, requires theology to become an unambiguously interdisciplinary study. This book explores the encounter between theology, on the one hand, and constitutional writing, law-making, human rights, economics, and the freedom of conscience on the other. Placing his discussion in the context of the South African struggle, the author compares (...)
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  49. Adolph A. Berle Jr (2012). Accounting, Economics, and Law. Convivium 2 (1):1.score: 36.0
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  50. D. Coccopalmerio (1987). Economics and Law. Verifiche: Rivista Trimestrale di Scienze Umane 16 (3):213-232.score: 36.0
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