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The Future of Law and Economics
In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
A Common Law for the Age of Statutes
Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977. "In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752. GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).
Tragic Choices
This book offers a general theoretical account of how societies cope with decisions which they regard as tragic.
Outside in
"My behavior is not a Yankee's behavior. It just is not, no matter what. My family was Italian, and different from most other Italian immigrants. We did not need to melt in. We did not need to assimilate, because of who we were and what we came from. While other people were painting themselves red, white, and blue, we talked Italian, absorbed our family's history, and thought of ourselves as being what we always were. In the deepest sense, I was never taught to be a Yankee, which is a fact that comes out in any number of the things that I do and try to accomplish. Some people have the feeling that what I write and say is too subtle, or perhaps manipulative; or that I behave a bit outlandishly; but those people do not put what I do in the context of Italy, in the context of that very old, very subtle, very complicated society, which I come from"--
Recognizing Wrongs
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has be...
Outside In
"My behavior is not a Yankee's behavior. It just is not, no matter what. My family was Italian, and different from most other Italian immigrants. We did not need to melt in. We did not need to assimilate, because of who we were and what we came from. While other people were painting themselves red, white, and blue, we talked Italian, absorbed our family's history, and thought of ourselves as being what we always were. In the deepest sense, I was never taught to be a Yankee, which is a fact that comes out in any number of the things that I do and try to accomplish. Some people have the feeling that what I write and say is too subtle, or perhaps manipulative; or that I behave a bit outlandishly; but those people do not put what I do in the context of Italy, in the context of that very old, very subtle, very complicated society, which I come from"--
Altruism, Morality, and Economic Theory
Presents a collection of papers by economists theorizing on the roles of altruism and morality versus self-interest in the shaping of human behavior and institutions. Specifically, the authors examine why some persons behave in an altruistic way without any apparent reward, thus defying the economist's model of utility maximization. The chapters are accompanied by commentaries from representatives of other disciplines, including law and philosophy.
The Meritocracy Trap
A revolutionary new argument from eminent Yale Law professor Daniel Markovits attacking the false promise of meritocracy It is an axiom of American life that advantage should be earned through ability and effort. Even as the country divides itself at every turn, the meritocratic ideal – that social and economic rewards should follow achievement rather than breeding – reigns supreme. Both Democrats and Republicans insistently repeat meritocratic notions. Meritocracy cuts to the heart of who we are. It sustains the American dream. But what if, both up and down the social ladder, meritocracy is a sham? Today, meritocracy has become exactly what it was conceived to resist: a mechanism for th...
