Norms and Values in Law and Economics
Edited by Nicholas Mercuro, Aristides Hatzis
Routledge – 2010 – 256 pages
The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the US and its influence is growing steadily outside America as well. 2013 marked the fortieth anniversary of the publication of Richard Posner's Economic Analysis of Law, the book that launched the Law and Economics movement. The eighth edition of the book was published in 2011, this time competing against over twenty textbooks, collections and casebooks on law and economics. Although there has been phenomenal growth in this area questions remain. Why has Law and Economics movement become so successful? What is the current status of the Chicago School? What are the alternative theories and how much influence do they exert? What can be considered mainstream today? What are the norms and values underlying this impressive body of research? These issues, amongst others, are thoroughly explored by the contributors.
Norms and Values in the Economic Approach to Law. Engagement with Economics: The New Hybrids of Family Law/Law and Economics Thinking. The Inevitability of Kaldor-Hicks Criterion. The Problematics of the Pareto Principle. Law, Economics and Society. New Institutional Economics and Legal Theory: Why New Institutional Economics Has Failed to Provide a Viable Alternative to the Law and Economics Movement. Choosing (Our)selves: The Limits of Identity and Interests in Law and Economics. Norms in Behavioral Law and Economics. The Theory of Value Dilemma: A Critique of the Economic Analysis of Criminal Law. Overcoming Law and Economics. Comparing Law and Economics to its Rivals. A Coase-mas Carol: The Coase Theorem as the Ghost of Law and Economics, Past, Present and Future. Flawed Foundations: The Philosophical Critique of (a Particular Type of) Economics. Functional Law and Economics. The Primacy of Norms. Incentives and Constitutional Compliance