The aim of this book is to provide an overview of how economic analysis can enrich an understanding of law and can provide standards for its critical evaluation. It eschews a dogmatic approach, acknowledging that non-economic goals play an important part in the law. It is directed primarily at lawyers and law students, particularly those who hitherto have been sceptical of the uses and value of law and economics. It is not a conventional textbook in the sense that it does not deal systematically with different areas of law. Rather each chapter is built on a particular theme or set of themes, with examples drawn from across legal categories. The approach is discursive, anecdotal and analytical, reflecting the ideas and convictions developed during the author's 30 years working in the field of law and economics. Winner of the Hart SLSA Book Prize 2007 for an outstanding piece of socio-legal scholarship.
Autorentext
Anthony Ogus is Emeritus Professor at the University of Manchester and Erasmus Professor of Fundamentals of Private Law, Erasmus School of Law, Rotterdam.
Inhalt
1. Setting the Scene
2. Law and Wealth Creation
3. The Structure of the Law
4. Implicit Pricing and Behavioural Incentives
5. Risk Allocation and Risk Management
6. Corrective Justice: Damage, Causation and Responsibility
7. Wrongdoing and Welfare Maximisation
8. Protecting the Disadvantaged
9. Lawyers and Their Influence on the Law
10. Conclusions: Is there an Economist in the House?