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Author: Jennifer Arlen
Publisher: Edward Elgar Publishing
Published: 2013-11-29
Total Pages: 668
ISBN-13: 1781006172
DOWNLOAD EBOOKFocusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal
Author: William M. Landes
Publisher: Harvard University Press
Published: 1987
Total Pages: 356
ISBN-13: 9780674230514
DOWNLOAD EBOOKWritten by a lawyer and an economist, this is the first full-length economic study of tort law--the body of law that governs liability for accidents and for intentional wrongs such as battery and defamation. Landes and Posner propose that tort law is best understood as a system for achieving an efficient allocation of resources to safety--that, on the whole, rules and doctrines of tort law encourage the optimal investment in safety by potential injurers and potential victims. The book contains both a comprehensive description of the major doctrines of tort law and a series of formal economic models used to explore the economic properties of these doctrines. All the formal models are translated into simple commonsense terms so that the "math less" reader can follow the text without difficulty; legal jargon is also avoided, for the sake of economists and other readers not trained in the law. Although the primary focus is on explaining existing doctrines rather than on exploring their implementation by juries, insurance adjusters, and other "real world" actors, the book has obvious pertinence to the ongoing controversies over damage awards, insurance rates and availability, and reform of tort law-in fact it is an essential prerequisite to sound reform. Among other timely topics, the authors discuss punitive damage awards in products liability cases, the evolution of products liability law, and the problem of liability for "mass disaster" torts, such as might be produced by a nuclear accident. More generally, this book is an important contribution to the "law and economics" movement, the most exciting and controversial development in modern legal education and scholarship, and will become an obligatory reference for all who are concerned with the study of tort law.
Author: Michael Faure
Publisher: Edward Elgar Publishing
Published: 2009-01-01
Total Pages: 565
ISBN-13: 1848447302
DOWNLOAD EBOOKThe central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.
Author: Werner Z. Hirsch
Publisher: Academic Press
Published: 2014-06-28
Total Pages: 434
ISBN-13: 148329725X
DOWNLOAD EBOOKThis second edition takes into account the major developments in economics and jurisprudence that have occurred since the publication of the first edition. A new chapter has been added on anti-discrimination law and such topics as adverse possession, rent control, medical malpractice, product reliability, and defense against criminal prosecution have been reexamined in the light of new theoretical developments and case studies. Environmental law and a careful comparison of alternative methods to control the environment are included.
Author: Malabika Pal
Publisher: Taylor & Francis
Published: 2019-09-02
Total Pages: 224
ISBN-13: 1000627497
DOWNLOAD EBOOKThis book looks at the negligence concept of tort law and studies the efficiency issue arising from the determination of negligence. It does so by scrutinizing actual court decisions from three common law jurisdictions – Britain, India and the United States of America. This volume fills a very significant gap, scrutinizing 52 landmark judgments from these three countries, by focussing on the negligent affliction of economic loss determined by common law courts and how these findings relate to the existing theoretical literature. By doing so, it examines the formalization of legal concepts in theory, primarily the question of negligence determination and liability, and their centrality in theories concerning tort law. This book will be very helpful for students, professors and practitioners of law, jurisprudence and legal theory. It will additionally be of use to researchers and academics interested in law and economics, procedure and legal history.
Author: Richard A. Posner
Publisher: Aspen Publishers
Published: 1982
Total Pages: 934
ISBN-13:
DOWNLOAD EBOOKAuthor: Steven Shavell
Publisher: Harvard University Press
Published: 2009-06-30
Total Pages: 324
ISBN-13: 9780674043510
DOWNLOAD EBOOKAccident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Scholarly writing on this branch of law traditionally has been concerned with examining the law for consistency with felt notions of right and duty. Since the 1960s, however, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behavior. Steven Shavell's book is the definitive synthesis of research to date in this new field.
Author: Steven Shavell
Publisher:
Published: 1986
Total Pages:
ISBN-13:
DOWNLOAD EBOOKAuthor: Thomas J. Miceli
Publisher: Oxford University Press
Published: 1997-02-20
Total Pages: 247
ISBN-13: 0195355946
DOWNLOAD EBOOKOver the past two decades, the field of law and economics has matured to the point where scholars have employed the latest economic methods in an effort to understand the nature of legal rules and to guide legal reform. This book is the first to provide a broad survey of this scholarship as it has been applied to problems in torts, contracts, property, and litigation. It will therefore serve as a convenient reference guide to this exciting field.
Author: Peter Cane
Publisher:
Published: 1991
Total Pages: 584
ISBN-13:
DOWNLOAD EBOOKIn recent years most tort lawyers have tended to concentrate upon the primary concern of tort law, which is to provide a system of compensation for death and personal injury. As a result, doubts have arisen as to the extent to which the law of tort should be involved in the protection of economic interests, such as business losses caused by competitors and employees and, more generally, on economic losses caused by negligent conduct. This study is the first attempt to examine the concepts, principles, and interconnections of tort law, and how the legal principles relate to the actual activity of wealth creation and preservation. Focusing on the nature of the plantiff's interest, the complaint and the action the law is prepared to take, this approach will cast new light on the aims, functions, and justifications, both social and doctrinal, for the law of tort so far as it is concerned with wealth.
