The law-and-economics movement remains a dominant force in American
private law, even though courts and commentators recognize that
many of its assumptions are implausible and that efficiency is not
the law's only goal. This book adds to the debate by showing that
many leading law-and-economics arguments fail on their own terms,
even for those who accept their most important assumptions and
goals. Adopting an analytical approach and using some
law-and-economics methods against the leading arguments in that
field, Shawn Bayern shows that economic thinking fails to explain
or justify most rules in the common law. Bayern masterfully surveys
leading law-and-economics arguments in tort, contract, and property
law and shows them to be fragile, self-contradictory, or otherwise
problematic. Those who accept that efficiency is important should
not be persuaded by the kind of law-and-economics arguments that
have remained in vogue among legal scholars for decades.
General
Imprint: |
Cambridge UniversityPress
|
Country of origin: |
United Kingdom |
Release date: |
October 2023 |
Authors: |
Shawn Bayern
|
Pages: |
240 |
ISBN-13: |
978-1-00-915921-0 |
Categories: |
Books
|
LSN: |
1-00-915921-6 |
Barcode: |
9781009159210 |
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