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Economic Analysis of Law

Опубликовано на портале: 22-09-2003
New York: Aspen Law & Business, 2002, 747 с.
This is the fifth edition of a textbook-treatise first published in 1973. Its subject is economic analysis of legal rules and institutions. It differs from other textbooks on the subject in the breadth of its coverage and in the emphasis placed on the legal regulation of nonmarket behavior - not only the familiar (to economists) examples such as drug addiction, thefts of art, sexual acts, surrogate motherhood, rescues at sea, flag desecration, and religious observances. It also differs in the principle of organization. The book is organized around legal rather than economic concepts. This approach enables the law to be seen, grasped, and studied as a system - a system that economic analysis can illuminate, reveal as coherent, and in places improve. By the same token, the approach enables economics to be seen as a tool for understanding and reforming social practices, rather than as a formal system of daunting mathematical complexity. The explication of economics in this book stresses the unity, simplicity, and power, but also the subtlety, of economic principles. The presentation is unformal, and no prior acquaintance with economics, or mathematical competence, on the part of the reader is assumed.

    SUMMARY OF CONTENTS
    PREFACE VII
    PART I LAW AND ECONOMICS: AN INTRODUCTION 1
    CHAPTER I THE NATURE OF ECONOMIC REASONING3
    CHAPTER 2 THE ECONOMIC APPROACH TO LAW25
    PART' II THE COMMON LAW 33
    CHAPTER 3 PROPERTY35
    CHAPTER 4 CONTRACT RIGHTS AND REMEDIES101
    CHAPTER 5 FAMILY LAW AND SEX LAW155
    CHAPTER 6 TORT LAW179
    CHAPTER 7 CRIMINAL LAW237
    CHAPTER 8 THE COMMON LAW, LEGAL HISTORY, AND JURISPRUDENCE271
    PART III PUBLIC REGULATION OF THE MARKET293
    CHAPTER 9 THE THEORY OF MONOPOLY295
    CHAPTER 10 THE ANTITRUST LAWS309
    CHAPTER 11 THE REGULATION OF THE EMPLOYMENT RELATION349
    CHAPTER 12 PUBLIC UTILITY AND COMMON CARRIER REGULATION377
    CHAPTER 13 THE CHOICE BETWEEN REGULATION AND COMMON LAW401
    PART IV THE LAW OF BUSINESS ORGANIZATIONS AND FINANCIAL MARKETS425
    CHAPTER 14 CORPORATIONS, SECURED AND UNSECURED LENDING, AND BANKRUPTCY 427
    CHAPTER 15 FINANCIAL MARKETS471
    PART V LAW AMD THE DISTRIBUTION OF INCOME AND WEALTH495
    CHAPTER 16 INCOME INEQUALITIES, DISTRIBUTIVE JUSTICE, AND POVERTY497
    CHAPTER 17 TAXATION523
    CHAPTER 18 THE TRANSMISSION OF WEALTH AT DEATH551
    PART VI THE LEGAL PROCESS563
    CHAPTER 19 THE MARKET, THE ADVERSARY SYSTEM, AND THE LEGISLATIVE PROCESS AS METHODS OF RESOURCE ALLOCATION565
    CHAPTER 20 THE PROCESS OF LEGAL RULEMAKING587
    CHAPTER 21 CIVIL AND CRIMINAL PROCEDURE599
    CHAPTER 22 LAW ENFORCEMENT AND THE ADMINISTRATIVE PROCESS655
    PART VII THE CONSTITUTION AND THE FEDERAL SYSTEM673
    CHAPTER 23 THE NATURE AND FUNCTIONS OF THE CONSTITUTION673
    CHAPTER 24 ECONOMIC DUE PROCESS685
    CHAPTER 25 THE ECONOMICS OF FEDERALISM695
    CHAPTER 26 RACIAL DISCRIMINATION715
    CHAPTER 27 THE PROTECTION OF FREE MARKETS IN IDEAS AND RELIGION729
    CHAPTER 28 SEARCHES, SEIZURES, AND INTERROGATIONS747
    TABLE OF CASES753
    AUTHOR INDEX757
    SUBJECT INDEX765

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