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'This is a well edited collection of important papers which will find a home in university libraries throughout the world. the volume stands testimony to the significance of Richard Posner as the leading thinker of the L and E School.' - K. Lawler, Economic Issues the pioneering work of Judge Richard Posner has brought to light the broad relevance of economics to virtually all areas of law. During the last three decades, Judge Posner has provided seminal contributions to the development of an overarching economic theory of law, with applications including traditional legal subjects, such as torts and contracts, as well as non-standard topics, such as his study of primitive law and ancient customs. This selection of Posner's essays reveals the importance of economic efficiency as a driving force in the formation of private law. the rigorous and insightful introduction by Francesco Parisi discusses Posner's unparalleled influence on the evolution of law and economics and the understanding of the economic foundations of private law.
In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
This book of essays champions tort scholarship that puts judges at centre stage: what they do, how they understand their role, the heterogeneous reasons they give for their decisions, and their constitutional responsibility to identify and articulate the 'living' and 'evolving' common law. This is 'reflexive tort scholarship'. Reflexive tort scholars seek dialogue with Bench and Bar. Their approach is very different from the currently fashionable academic search for 'grand theories' that descriptively assert that tort law is fundamentally 'all about one thing', a unifying idea that alone explains and justifies the whole of tort law. This book illustrates the advantages and pay-offs of the reflexive style of scholarship by showing how it illuminates key features of tort law. The first essay contrasts the reflexive approach with the Grand Theory approach, while the second essay identifies a principle of tort law (the 'cooperative principle'), that is latent in the cases and that vindicates the value of collaborative human arrangements. Identifying this principle calls into question, in disputes between commercial parties, the reasoning used to support one of the most entrenched lines of authority in tort law - that based on the famous case of Hedley Byrne v Heller. The final essay deploys the reflexive method to argue that the iconic 'but-for' test of factual causation is inadequate and narrower than the concept actually utilized in the cases. Application of the method also prompts a reassessment of the 'scope of duty' concept and of the appropriate characterisation of the much-discussed decision in SAAMCO. These essays, based on the 2018 Clarendon Law Lectures given at Oxford University, clearly demonstrate the value of scholarship that 'takes the judges seriously'.
How do economists tackle the problems of the economic system and give advice on public policy? Nobel laureate R.H. Coase reflects on some of the most fundamental concerns of economists over the past two centuries. In 15 essays, Coase explore the history and philosophy of economics and evaluates the contributions of a number of outstanding figures.
From the 30 year General Glut debate at the start of the 19th century which focused solely on its truth, to the Keynesian revolution and Keynes's successful attempt to convince his fellow economists that Say's Law was wrong, it remains the most controversial principle in the history of economic theory. The central question - not resolved to this day - is this: can demand deficiency ever be the cause of recession and, if so, are greater levels of unproductive spending an appropriate response? The thrust of the argument is that if Say's Law is valid, much of modern macroeconomic theory is fatally flawed. This book explores the validity of this problematic principle, reminding us that this 200-year debate has not yet been laid to rest.
In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
Warren J. Samuels has been a prominent figure in the study of economics in the twentieth century. This book brings together essays by leading scholars in the areas of economics in which Samuels has made his most important contributions: the history of economic thought, economic methodology, and institutional and post-Keynesian economics. This work is designed to give the reader a sense of the breadth and possibilities of economics. The essays, all published here for the first time, investigate issues such as: The institutional structures that shape economic activity and performance. The variety of approaches to economic analysis. The importance of the history of the discipline both inherently and for the study of economics in the modern age. With essays from leading scholars, collected and introduced by some of the most eminent authorities in the field, the work is a formidable volume, and one fit to honor one of the most renowned economists of our age.