Sign-In
Cart
Efficiency Instead of Justice?: Searching for the Philosophical Foundations of the Economic Analysis of Law
Hardcover
Series: Law and Philosophy Library, Book 84
PhilosophyBusiness GeneralGeneral Law
ISBN13: 9781402097973
Publisher: Springer
Published: Mar 28 2009
Pages: 220
Weight: 1.13
Height: 0.56 Width: 6.14 Depth: 9.21
Language: English
Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth.
In this work, the lawyer and economist Klaus Mathis critically appraises Posner's normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith's faith in the market as an ideal allocation model, and to Bentham's ethical consequentialism. Finally, aligning himself with John Rawls's contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach.
In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.
1 different editions
Also available
Efficiency Instead of Justice?: Searching for the Philosophical Foundations of the Economic Analysis of Law
Mathis, Klaus
Paperback
Also from
Mathis, Klaus
Efficiency Instead of Justice?: Searching for the Philosophical Foundations of the Economic Analysis of Law
Mathis, Klaus
Paperback
Also in
Philosophy
Solidarity: The Past, Present, and Future of a World-Changing Idea
Hunt-Hendrix, Leah
Taylor, Astra
Hardcover
In the Beginning Was the Deed: Realism and Moralism in Political Argument
Williams, Bernard
Paperback
The American Indian Mind in a Linear World: American Indian Studies and Traditional Knowledge
Fixico, Donald Lee
Paperback
Dreaming of Cinema: Spectatorship, Surrealism, and the Age of Digital Media
Lowenstein, Adam
Paperback
Machine Intelligence and the Imaginal Realm: Spiritual Freedom and the Re-Animation of Matter
Lafitte, Luke
Paperback
The Sociogony: Social Facts and the Ontology of Objects, Things, and Monsters
Worrell, Mark P.
Paperback
On Quality: An Inquiry Into Excellence: Unpublished and Selected Writings
Pirsig, Wendy K.
Pirsig, Robert M.
Hardcover
The Electromagnetic Brain: Em Field Theories on the Nature of Consciousness
Joye, Shelli Renée
Paperback
Philosophy in Turbulent Times: Canguilhem, Sartre, Foucault, Althusser, Deleuze, Derrida
Roudinesco, Elisabeth
Paperback
The New Science of Giambattista Vico: Unabridged Translation of the Third Edition (1744) with the Addition of Practic of the New Science
Vico, Giambattista
Paperback
The Persuaders: At the Front Lines of the Fight for Hearts, Minds, and Democracy
Giridharadas, Anand
Hardcover
The Dream of Reason: A History of Philosophy from the Greeks to the Renaissance
Gottlieb, Anthony
Paperback
The Modes of Scepticism: Ancient Texts and Modern Interpretations
Annas, Julia
Barnes, Jonathan
Julia, Annas
Paperback
Friendship and Society: An Introduction to Augustine's Practical Philosophy
Burt, Donald X.
Paperback
Suffering and the Search for Meaning: Contemporary Responses to the Problem of Pain
Rice, Richard
Paperback
Essays V2: Moral And Entertaining On The Various Faculties And Passions Of The Human Mind (1815)
Clarendon, Edward Hyde Earl of
Paperback
The Daily Stoic: 366 Meditations on Wisdom, Perseverance, and the Art of Living
Hanselman, Stephen
Holiday, Ryan
Hardcover
The Mattering Instinct: How Our Deepest Longing Drives Us and Divides Us
Goldstein, Rebecca Newberger
Hardcover
The Obstacle Is the Way Expanded 10th Anniversary Edition: The Timeless Art of Turning Trials Into Triumph
Holiday, Ryan
Hardcover
Self-Help from the Middle Ages: What the Seven Deadly Sins Can Teach Us about Living
Jones, Peter
Hardcover
Other Minds: The Octopus, the Sea, and the Deep Origins of Consciousness
Godfrey-Smith, Peter
Paperback
The Boy, the Mole, the Fox and the Horse Fifth Anniversary Limited Edition: The Global Bestseller
Mackesy, Charlie
Hardcover
Bless & Release: The physics of letting go-and wanting what's meant for you.
Laporte, Danielle
Paperback
The Ethical Slut, Third Edition: A Practical Guide to Polyamory, Open Relationships, and Other Freedoms in Sex and Love
Easton, Dossie
Hardy, Janet W.
Paperback
Eight Million Ways to Happiness: Wisdom for Inspiration and Healing from the Heart of Japan
Yoda, Hiroko
Hardcover
Self-Reliance and Nature: The Complete First and Second Series of Emerson's Essays
Emerson, Ralph Waldo
Hardcover