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and Acknowledgments Apparently almost every other month severe industrial hazards invade our living rooms, be it in terms of an ex post report or in terms of an alarming scenario, be it in a remote corner of the world or just in front of our doorstep. Although the invasion of our living rooms is mostly only via printed or electronic media (as opposed to personally experienced tragedies), people in the western hemissphere seem to be concerned, and so are politics and science. Given that welfare-economics has played (or is about to play) a helpful role in terms of analyzing and rationalizing "political" issues (such as the environment, education, or the law) that had been deemed too soft, too ...
During the last decades, environmental economics as a science has been very successful in improving our understanding of environment-economy interdepen dence. Using conventional economic methodology, environmental aspects have been explicitly incorporated into economic models making use of the concept of externality. This concept was already familiar to economists long before evidence of severe environmental deterioration found its way into the headlines and peo ple's awareness. But before that time, external effects were not considered as being empirically very relevant, they seemed to be -like the example of the bees and the fruit trees - somewhat bucolic in nature. All that changed dramat...
This book focuses on the analysis of liability rules of tort law from an efficiency perspective, presenting a comprehensive analysis of these rules in a self-contained and rigorous yet accessible manner. It establishes general results on the efficiency of liability rules, including complete characterizations of efficient liability rules and efficient incremental liability rules. The book also establishes that the untaken precaution approach and decoupled liability are incompatible with efficiency. The economic analysis of tort law has established that for efficiency it is necessary that each party to the interaction must be made to internalize the harm resulting from the interaction. The characterization and impossibility theorems presented in this book establish that, in addition to internalization of the harm by each party, there are two additional requirements for efficiency. Firstly, rules must be immune from strategic manipulation. Secondly, rules must entail closure with respect to the parties involved in the interaction giving rise to the negative externality, i.e., the liability must not be decoupled.
The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the ...
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