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The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts' decisions from an economic angle. Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.
To celebrate the centenary of Hayek's birth, this timely book gathers together a distinguished group of authors who celebrate his work and pay testament to the vast scope of his ideas which span across epistemology, economy, the history of ideas, legal theory and cultural philosophy.The authors present an overview of the intellectual influences and historical events which inspired Hayek and examine the development of the idea of spontaneous order. They also describe the reasons why Hayek rejected constructivism for a more evolutionary approach in economics, political theory and legal theory. They go on to examine the welfare state, probably the most controversial area of Hayek's work. They then discuss the neutrality of the state and the morality of cooperation in society, the rule of law and constitution, and the concepts of the totalitarian state and free society. Hayek's political thought is applied to the issue of European federalism in the final part, where it is argued that Hayek's integrated vision of law, economics and history is what is required to enlighten us on the new state of Europe. The authors show that Hayek's work is as relevant today as ever. The book will be of great interest to scholars of liberal political economy, law and economics and the history of ideas.
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