scholarly journals Debating Law’s Irrelevance

2014 ◽  
Vol 2 (2) ◽  
pp. 159-213 ◽  
Author(s):  
Steven G. Medema
Keyword(s):  
Twentieth Century ◽  
Economic Analysis ◽  
Social Cost ◽  
Common Law ◽  
Legal Issues ◽  
Coase Theorem ◽  
Economic Analysis Of Law ◽  
Legal Scholarship ◽  
Classic Article ◽  
The 1960S

Ronald Coase’s classic article, The Problem of Social Cost, is widely credited with playing a significant role in the development of the economic analysis of law—one of the most influential new movements in legal scholarship in the last third of the twentieth century. The traditional history here is that this impact came via two routes: one, through the effect of Coase’s article in stimulating economists to analyze issues that had traditionally been the province of legal scholars (that is, Coase as a stimulus for “economics imperialism”); and two, through Coase’s impact on the thinking of Richard Posner, who was moved to examine the efficiency of common law rules in part by his encounter with Coase’s remarks regarding the propensity of judges to make decisions that accorded with economists’ sensibilities. While each of these historical claims is true enough, the lines of scholarship that they reference commenced only in the 1970s. The genesis of the application of Coase’s insights—and, in particular, the negotiation result that came to be known as the “Coase theorem”—to legal issues came in the first half of the 1960s, and significantly, the roots of this work lie in the legal community, rather than the economics community.

Epstein's Theory of Strict Tort Liability

1992 ◽  
Vol 51 (1) ◽  
pp. 113-137
Author(s):  
N. E. Simmonds
Keyword(s):  
Economic Analysis ◽  
Private Law ◽  
Tort Liability ◽  
Economic Analysis Of Law ◽  
Legal Scholarship ◽  
Significant Tendency ◽  
The Law ◽  
Instrumental Role

Alan Brudner recently observed that a significant tendency within contemporary legal scholarship has been “the movement toward comprehending private law in terms of non-legal ‘perspectives’ that reduce to surface rhetoric the discourse by which private law articulates and understands itself”. This is most obviously true of the economic analysis of law, and not simply in so far as it introduces a vocabulary that is unfamiliar to the lawyer. For the perspective which has informed the most influential currents within that movement is fundamentally aggregative in orientation, so that legal doctrines developed within a bilateral adjudicative framework, focusing on justice between two parties, are inevitably cast in a subordinate and instrumental role. Economic approaches seek to explain the law from a standpoint outside of the law's own framework, and to reveal a deep rationale for particular legal doctrines which would not be transparent to the lawyers and judges who developed those doctrines.

scholarly journals Morality in Competition Law: The Culture of Honesty and Trust in Consumer Protection

2021 ◽  
Vol 7 (2) ◽  
pp. 189-210
Author(s):  
Talya Ucaryilmaz
Keyword(s):  
Economic Analysis ◽  
Consumer Protection ◽  
Private Property ◽  
Competition Law ◽  
Good Faith ◽  
Economic Analysis Of Law ◽  
Legal Scholarship ◽  
Fairness Concerns ◽  
Law And Morality ◽  
Economic Foundations

Recent works in legal scholarship have shifted the focus of competition law to the economic analysis of law. Yet today we face the revival of the fairness concerns in competition polices. This article concerns itself with the nature of the interdependent relationship between competition law and consumer protection law as ancillary to the necessary relationship between law and morality. Hereby it aims to revisit their raison d’être to discuss that fairness and equity do not lack economic foundations. For an efficient market structure, private property and good faith in contractual relations are essential. This article aims to scrutinise the latter, while showing its objective criteria: Honesty, trust and reasonableness, as the moral essence of competition and consumer protection laws. These criteria provide efficient means to address moral aspects of fairness in competition law as it is best illustrated within its relation to consumer protection without compromising their economic foundations. Keywords: competition law, consumer protection, fairness, good faith, honesty, trust

scholarly journals Les réactions de la doctrine à la création du droit civil québécois par les juges : les débuts d'une affaire de famille

2005 ◽  
Vol 21 (2) ◽  
pp. 257-275 ◽  
Author(s):  
Pierre-Gabriel Jobin
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Turning Point ◽  
Common Law ◽  
Civil Law ◽  
Legal Issues ◽  
Full Time ◽  
History Of ◽  
Local Traditions ◽  
Legal Writers

The middle of the twentieth century marked a turning point in the history of scholarly writings on the civil law in Québec. The emergence of a full-time teaching body in the law faculties entailed consequences of primary importance: publications gained not only in quantity, but also in quality and diversity and, in particular, the reactions of legal writers to judge-made law became frequent and substantial. The relations between legal writers and judges illustrate, here as elsewhere, the particular situation of the Québec legal system at the crossroads of civil law and common law. For instance, due to the British-inspired method of appointing judges and some local traditions, judges are personally known to many professors. Furthermore, decisions of the courts, most of the time, are written in a learned style, the merits of the legal issues being discussed and doctrinal opinions being quoted with approval or criticism. These relations between the writers and the judiciary may explain the great interest of legal writers in judge-made law and their perhaps insufficient sense of critical responsibility vis-à-vis that law. Legal writers and judges have the great advantage of speaking the same language and of maintaining a dialogue — an advantage which benefits law itself and the whole community.

scholarly journals MENGGUGAH FONDASI KEILMUAN ILMU HUKUM DALAM PENGAKUAN PERKAWINAN HOMOSEKSUAL DI MASSACHUSETTS MELALUI EFISIENSI EKONOMI

2018 ◽  
Author(s):  
Fajar Sugianto ◽  
Budiarsih Budiarsih
Keyword(s):  
Economic Analysis ◽  
Human Behavior ◽  
Scientific Method ◽  
Law And Economics ◽  
Legal Issues ◽  
Economic Analysis Of Law ◽  
Different Dimensions ◽  
The Law

Law and economics are two independent sciences that compliment each other in analyzing forms of legal issues. The limitations of each independent sciences in fact have brought these two came even closer in resolving the issue of the legalization of homosexual marriages in Massachusetts. As a scientific method, Law and Economics, also known as the economic analysis of law, explores the law and jurisprudence in new ways through different dimensions. The use of economics broaden the field of law especially as a tool to create incentives to change human behavior in achieving its objectives based on its idealism of efficiency. The use of Law and Economics in this writing provided economic rationales that the legalization of homosexual marriages in Massachusetts are efficient therefore the law shall produce rules that lead to the most efficient change that the society desire the most.

scholarly journals Ekonominė teisės analizė (susiformavimas)

Teisė ◽  
2012 ◽  
Vol 83 ◽  
pp. 220-233
Author(s):  
Donatas Murauskas
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Economic Analysis ◽  
Crucial Role ◽  
Law And Economics ◽  
Law School ◽  
Economic Analysis Of Law ◽  
Legal Doctrine ◽  
Second Wave

Straipsnyje yra pateikiamos Lietuvoje plačiai neanalizuotos ekonominės teisės analizės paradigmos ištakos ir pirmieji žingsniai. Konstatuojamas lemiamas utilitarizmo vaidmuo besiformuojančiai paradigmai. Pateikiamos ekonominei teisės analizei susiformuoti aktualios teisės mąstytojų įžvalgos. Taip pat analizuojami svarbesni paradigmos susikūrimo žingsniai nuo nesėkmingo pirmojo etapo XIX a. – XX a. pr. iki revoliucinių darbų XX a. vid., kai Čikagos teisės mokykloje aktyvūs ginčai dėl konkurencijos teisės turinio tapo atskaitos tašku ekonominiu mąstymu pagrįstoms idėjoms iš konkurencijos teisės plisti ir į kitas teisės sritis. The article provides insights on origins and first steps of the foundation of Economic Analysis of Law – paradigm which has not been observed sufficiently in Lithuanian legal doctrine. Crucial role of utiliarianism in the emerging paradigm is stated. Other fundamental ideas towards relation between law and economics of classic scholars are provided. More important steps of the foundation of the paradigm are discussed: from the failure of institutionalism movement (first period from nineteenth century to the twentieth century) to the revolutionary works of Chicago Law School and other scholars of a second wave (twentieth century).

scholarly journals Ordinea oamenilor liberi. O scurtă incursiune în istoria analizei economice a dreptului

2021 ◽  
Vol 65 (4) ◽  
pp. 39-121
Author(s):  
Lucian Bercea ◽  
◽  
Dan-Adrian Cărămidariu ◽  
Keyword(s):  
Economic Analysis ◽  
Common Law ◽  
Company Law ◽  
The Other ◽  
Economic Science ◽  
Legal Analysis ◽  
Economic Analysis Of Law ◽  
Anglo Saxon ◽  
Legal Thinking ◽  
The One

"About half a century after the formation of the current of legal thinking called law & economics, it is evident that the application of instruments, ideas and concepts with which economic science operates in legal analysis and the evaluation of law based on its finalities and its economic challenges are a severe challenge for lawyers, even for those in common law systems. Virtually challenged and, to the same extent, defended, deconstructed and reformulated, through the contribution of sociology, psychology and behavioural studies, the economic analysis of law has followed the developments that have marked the economic science of recent decades. It has finally managed to penetrate those legal systems and doctrines that have been refractory, by tradition, to any attempt of legal contamination, especially if it came from the Anglo-Saxon space. The present study attempts to explore the origins and intellectual foundation of the economic analysis of law while presenting the main criticisms and reconsiderations of this influential current of thought by referring, on the one hand, to several applications of it, in property law, contracts and company law, and, on the other hand, to some of the main contributions which have marked the current in its evolution and which should be essential readings for the lawyer who, formed in a hyper-positivist legal system of education, seeks alternatives for understanding and deepening the law. In other words, the present study aims to contribute to the circulation of ideas and names that have lingered far too foreign to the Romanian jurist."

Law, economic approach to

2018 ◽  
Author(s):  
Jules L. Coleman
Keyword(s):  
Twentieth Century ◽  
Economic Analysis ◽  
Economic Efficiency ◽  
Welfare Economics ◽  
Private Law ◽  
Economic Approach ◽  
Economic Analysis Of Law ◽  
Legal Practice ◽  
Positive Economic ◽  
Trust Law

The development of an economic approach to legal practice has been the most important jurisprudential development in the last third of the twentieth century. Economic analysis has been offered as both a positive and a normative jurisprudence: as an analysis of important features of existing legal practices and as an ideal against which these practices ought to be evaluated. For some, economic analysis has a narrow explanatory range (in various fields of private law, corporations and taxation, and anti-trust law, for example), while others make broader claims for its ability to illuminate any area of law. Finally, there is a difference between those who focus on one explanation and those who focus on prediction, but all offer positive economic analysis of law based on the concept of economic efficiency as defined in welfare economics and applied to law by Coase, Posner, Calabresi and others.

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