Economics Dictionary of ArgumentsHome
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| Law: Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior. Law helps to maintain and protect people's rights. See also Rights, Society, State, Jurisdiction._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
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Economic Analysis on Law - Dictionary of Arguments
Parisi I 13 Law/economic analysis/Miceli: A. The positive version of this approach uses economic methods to examine the law as it is. It thus addresses questions about how the law affects behavior, but often goes further to argue that the various doctrines of the common law reflect an underlying economic logic. Posner: This view, first put forward by Richard Posner(1), maintains that the goal of effciency has somehow become embedded in the law. B.Normative analysis, in contrast, asks how the law can be improved to better achieve the goal of effciency, though as noted, other norms can be incorporated into the analysis. Mainstream economic analysis of law encompasses both positive and normative analysis. >Tort law/Learned Hand, >Economic models/Miceli. 1. Posner, Richard (2003). Economic Analysis of Law. 6th edition. New York: Aspen Law & Business. Miceli, Thomas J. „Economic Models of Law“. In: Parisi, Francesco (ed) (2017). The Oxford Handbook of Law and Economics. Vol 1: Methodology and Concepts. NY: Oxford University Press._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Economic Analysis Parisi I Francesco Parisi (Ed) The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017 |
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