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Criminal Law and Economics applies economic theory to explain
crime, law enforcement, criminal law and criminal procedure. This
pathbreaking book draws together sixteen chapters by leading
scholars in the field, summarizing theoretical and empirical work
researched to date on criminal law and economics. The topics range
from private and public enforcement of the law, criminal procedure
and regulation to terrorism, cyber crime and tax evasion. The
expert contributors also cover the political economy of criminal
law as well as behavioral criminal law and economics. This updated
state-of-the-art reference book on criminal law will be an
excellent tool for scholars and graduate students in law and
economics.
Economists advise that the law should seek efficiency. More
recently, it has been suggested that common law systems are more
conducive of economic growth than code-based civil law systems.
This book argues that there is no theory to support such statements
and provides evidence that rejects a 'one-size-fits-all' approach.
Both common law and civil law systems are reviewed to debunk the
relationship between the efficiency of the common law hypothesis
and the alleged inferiority of codified law systems. Legal Origins
and the Efficiency Dilemma has six aims: explaining the efficiency
hypothesis of the common law since Posner's 1973 book; summarizing
the legal origins theory in the context of economic growth;
debunking their relationship; discussing the meaning of 'common
law' and the problems with the efficiency hypothesis by comparing
laws across English speaking jurisdictions; illustrating the
shortcomings of the legal origins theory with a comparative law and
economics analysis; and concluding there is no theory and evidence
to support the economic superiority of common law systems. Based on
previous pieces by the authors, this book expands their work by
including new areas of analysis (such as trusts), detailing
previous analysis (such as French law versus common law in the
areas of contract, property and torts), and updating for recent
developments in the academic discourse. This volume is of interest
to academics and students who study microeconomics, comparative law
and foundations of law, as well as legal policy analysts.
Economists advise that the law should seek efficiency. More
recently, it has been suggested that common law systems are more
conducive of economic growth than code-based civil law systems.
This book argues that there is no theory to support such statements
and provides evidence that rejects a 'one-size-fits-all' approach.
Both common law and civil law systems are reviewed to debunk the
relationship between the efficiency of the common law hypothesis
and the alleged inferiority of codified law systems. Legal Origins
and the Efficiency Dilemma has six aims: explaining the efficiency
hypothesis of the common law since Posner's 1973 book; summarizing
the legal origins theory in the context of economic growth;
debunking their relationship; discussing the meaning of 'common
law' and the problems with the efficiency hypothesis by comparing
laws across English speaking jurisdictions; illustrating the
shortcomings of the legal origins theory with a comparative law and
economics analysis; and concluding there is no theory and evidence
to support the economic superiority of common law systems. Based on
previous pieces by the authors, this book expands their work by
including new areas of analysis (such as trusts), detailing
previous analysis (such as French law versus common law in the
areas of contract, property and torts), and updating for recent
developments in the academic discourse. This volume is of interest
to academics and students who study microeconomics, comparative law
and foundations of law, as well as legal policy analysts.
Judges are society's elders and experts, our masters and mediators.
We depend on them to dispense justice with integrity, deliberation,
and efficiency. Yet judges, as Alexander Hamilton famously noted,
lack the power of the purse or the sword. They must rely almost
entirely on their reputations to secure compliance with their
decisions, obtain resources, and maintain their political
influence. In Judicial Reputation, Nuno Garoupa and Tom Ginsburg
explain how reputation is not only an essential quality of the
judiciary as a whole, but also of individual judges. Perceptions of
judicial systems around the world range from widespread admiration
to utter contempt, and as judges participate within these
institutions some earn respect, while others are scorned. Judicial
Reputation explores how judges respond to the reputational
incentives provided by the different audiences they interact with
lawyers, politicians, the media, and the public itself and how
institutional structures mediate these interactions. The judicial
structure is best understood not through the lens of legal culture
or tradition, but through the economics of information and
reputation. Transcending those conventional lenses, Garoupa and
Ginsburg employ their long-standing research on the latter to
examine the fascinating effects that governmental interactions,
multicourt systems, extrajudicial work, and the international
rule-of-law movement have had on the reputations of judges in this
era.
High courts around the world hold a revered place in the legal
hierarchy. These courts are the presumed impartial final arbiters
as individuals, institutions, and nations resolve their legal
differences. But they also buttress and mitigate the influence of
other political actors, protect minority rights, and set directions
for policy. The comparative empirical analysis offered in this
volume highlights important differences between constitutional
courts but also clarifies the unity of procedure, process, and
practice in the world's highest judicial institutions. High Courts
in Global Perspective pulls back the curtain on the interlocutors
of court systems internationally. This book creates a framework for
a comparative analysis that weaves together a collective narrative
on high court behavior and the scholarship needed for a deeper
understanding of cross-national contexts. From the U.S. federal
courts to the constitutional courts of Africa, from the high courts
in Latin America to the Court of Justice of the European Union,
high courts perform different functions in different societies, and
the contributors take us through particularities of regulation and
legislative review as well as considering the legitimacy of the
court to serve as an honest broker in times of political
transition. Unique in its focus and groundbreaking in its access,
this comparative study will help scholars better understand the
roles that constitutional courts and judges play in deciding some
of the most divisive issues facing societies across the globe. From
Africa to Europe to Australia and continents and nations in
between, we get an insider's look into the construction and
workings of the world's courts while also receiving an object
lesson on best practices in comparative quantitative scholarship
today.
Judges are society's elders and experts, our masters and mediators.
We depend on them to dispense justice with integrity, deliberation,
and efficiency. Yet judges, as Alexander Hamilton famously noted,
lack the power of the purse or the sword. They must rely almost
entirely on their reputations to secure compliance with their
decisions, obtain resources, and maintain their political
influence. In Judicial Reputation, Nuno Garoupa and Tom Ginsburg
show how reputation is not only an essential quality of the
judiciary as a whole, but also of individual judges. Perceptions of
judicial systems around the world range from widespread admiration
to utter contempt, and as judges participate within these
institutions some earn respect, while others are scorned.
Transcending the conventional lenses of legal culture and tradition
that are used to analyze this variation, Garoupa and Ginsburg
approach the subject through their long-standing research on the
economics of judiciary information and status, examining the
fascinating effects that governmental interactions, multi-court
systems, extrajudicial work, and the international rule-of-law
movement have on the reputations of judges in this era.
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