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Constitutional Mythologies
Our societies obviously rest on common beliefs. These "myths" are tools that help us to develop and build common identities; they form the structure around which societies function. This does not imply that these beliefs are “true,” in the sense that they would be supported by empirical facts. In social matters, myths have undoubtedly important functions to play even if no empirical facts support them. On the other hand, and precisely because they are not discussed, myths may be problematic: they may create illusions, conserve structures that are inefficient and unable to improve the situation of citizens. This is particularly true with constitutions. Constitutions are very important for...
The Elgar Companion to Economics and Philosophy
. . . there are many first-rate contributions here. Those contributions make this collection valuable especially to readers who are already knowledgeable about the various areas in which the interests of philosophers and economists overlap. Daniel M. Hausman, Journal of Economic Methodology The Elgar Companion To Economics and Philosophy is a very good read. Every library should buy it now. John King, History of Economics Review The volume collects articles surveying developments in such related fields as economic methodology, ethics, epistemology, and social ontology. Many of the articles are forward-looking, and as such constitute substantive and original (and at times provocative) contrib...
Law and Economics
The book is the first collection of articles in law and economics to incorporate learning features such as exercises and explanatory introductions to each piece. The book takes into account traditions in the study of law and economics from both sides of the Atlantic and hence, both the common law and civil law traditions. Marciano is a meticulous scholar who has a strong reputation for his work across the history of ideas.
The Hand Behind the Invisible Hand
Available Open Access under CC-BY-NC-ND Made famous by the Enlightenment thinker Adam Smith, the concept of an ‘invisible hand’ might be taken to imply that a government that governs least governs the best, from the viewpoint of society. Here an invisible hand appears to represent unfettered market forces. Drawing from this much-contested notion, Mittermaier indicates why such a view represents only one side of the story and distinguishes between what he calls pragmatic and dogmatic free marketeers. Published posthumously, with new contributions by Daniel Klein, Rod O’Donnell and Christopher Torr, this book outlines Mittermaier’s main thesis and his relevance for ongoing debates within economics, politics, sociology and philosophy.
The Economics of Courts and Litigation
Dissatisfaction with the working of courts is ubiquitous. Legal inertia and maladministration are the norm in many countries and have significant social and economic repercussions. No longer a theme relegated to the peripheries of economic analysis, the administration of justice is now recognised by most economists as being of fundamental importance for economic development, a factor increasingly being acknowledged by policymakers at all levels. The departure point for this book is the authors belief in the need for a systematic analysis of the incentive structures facing key players in the courts and litigation process. They focus not only on structures pertaining to the common law traditio...
Democracy, Freedom and Coercion
Democracy, Freedom and Coercion is a welcome addition to the public choice literature. It steps outside of the often used contractarian perspective and recognizes that all governments are ultimately based on coercion. . . the volume s chapters make important contributions that should be of interest to public choice scholars engaged in this research program. Benjamin Powell, Public Choice The big picture here is the tension between coercion and freedom within democracy. Each essay offers a view of this big picture through a different lens: empirical, theoretical, comparative, etc.; and also offers a different focus: on the conceptualisation and measurement of power, the legitimacy of economic...
Law and the State
Law and the State provides a political economy analysis of the legal functioning of a democratic state, illustrating how it builds on informational and legal constraints. It explains, in an organised and thematic fashion, how competitive information enhances democracy while strategic information endangers it, and discusses how legal constraints stress the dilemma of independence versus discretion for judges as well as the elusive role of administrators and experts. Throughout the book, empirical evidence and comparative studies illuminate sometimes provocative theoretical views on issues such as: the place of the rule of law in constitutional and banking systems; regulation of copyright, art and heritage; innovations and technologies of communication and information; terrorism and media manipulation. Both private and public law, applied and theoretical issues are covered comprehensively. Academics and researchers of law and economics and public choice will find much to challenge and inform them within this book.
Encyclopedia of Law and Economics
Law and Economics deals with the economic analysis of legal relations, legal provisions, laws and regulations and is a research field which has a long tradition in economics. It was lost after the expulsion of some of the leading economists from Germany during 1933 to 1938, but then revived in Chicago. Both the subject of Law of Economics and the need for a concise Encyclopedia is particularly relevant in Europe today. Currently in the European Union there are several different legal cultures: the Anglo-Saxon legal framework, the German legal framework, which for example also includes Greece, and the Roman legal family—three jurisdictions which have to be covered with one and the same theo...
The Elgar Companion to Ronald H. Coase
Ronald H. Coase, one of the most innovative and provocative economists of the twentieth century, has had a lasting influence in economics, law and economics, organization theory, management and political science. In this comprehensive Companion, 31 leading economists, social scientists and legal scholars, including two Nobel Laureates, offer the first global assessment of the initial impact of Coase’s work and the continuing inspiration that researchers and policy makers find in his contributions. The book presents a review of the continuing power of Coase’s work, including the reshaping of public policies with particular respect to public utilities and network industries. Further chapte...
Transport, Welfare and Externalities
As a lawyer who has for many years been working on the interface between law and economics, I have observed with impatience the increasing divergence between academic economics and governmental policy-making. Too often economists are too obsessed with the mathematical modelling of their ideas and insufficiently concerned with the applications. This book constitutes a major and refreshing exception to that trend. Dieter Schmidtchen and his colleagues at Saarbrücken have addressed some issues of European transport policy by re-examining the fundamental ideas on which current analysis appears to be based and finding them wanting because they take too narrow a view on the options available. Fro...
