Contemporary Issues In Law And Economics
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| Author | : Thomas J. Miceli |
| Publisher | : Routledge |
| Total Pages | : 280 |
| Release | : 2018-03-08 |
| Genre | : Business & Economics |
| ISBN | : 1351596705 |
Law and economics is the field of study devoted to understanding laws and legal institutions using the tools of economic theory. This growing subject has become a mainstream area of study in both law schools and economics departments and this book explores the "law and economics" approach to some of the most interesting questions, issues, and topics in law, order, and justice. Contemporary Issues in Law and Economics considers what economists call the "positive" analysis of the law – that is, using economic theory to explain the nature of the law as it actually exists. As part of this approach the author examines questions such as, what is the economic basis for the predominance of negligence rules in tort law? And, what is the explanation for the illegality of blackmail? Furthermore, another set of questions arises where the law seems to depart from the prescriptions of economic theory, and these issues are also examined in this volume. For example, the deeply rooted norm of proportionality between punishments and crimes, and the use of escalating penalties for repeat offenders, are both explored. With self-contained chapters written in a non-technical style, this book offers a rigorous discussion of the above themes while remaining accessible to those without formal legal or economic training. It offers the ideal introduction to the field of law and economics while also providing a basis for students in more advanced courses.
| Author | : Giovanna Adinolfi |
| Publisher | : Springer |
| Total Pages | : 296 |
| Release | : 2016-12-29 |
| Genre | : Law |
| ISBN | : 3319446452 |
This volume scrutinises the main challenges faced by States in their current international economic relations from an interdisciplinary perspective. It combines legal research with political and economic analysis and favours dialogue among scientific disciplines. Readers are offered a series of in-depth studies on a rich variety of topics: how to reconcile States’ interest to benefit from economic liberalization with their need to pursue social goals (such as the protection of human rights or of the environment); recent developments under WTO law and regional integration processes; international cooperation in the energy sector; national regulatory developments in the banking sector, sovereign wealth funds and investor-State arbitration.
| Author | : Harold Winter |
| Publisher | : University of Chicago Press |
| Total Pages | : 248 |
| Release | : 2017-01-27 |
| Genre | : Business & Economics |
| ISBN | : 022624976X |
Is file-sharing destroying the music industry? Should the courts encourage breach of contract? Does the threat of malpractice lawsuits cause doctors to provide too much medical care? Do judges discriminate when sentencing? With Issues in Law and Economics, Harold Winter takes readers through these and other recent and controversial questions. In an accessible and engaging manner, Winter shows these legal issues can be reexamined through the use of economic analysis. Using real-world cases to highlight issues, Winter offers step-by-step analysis, guiding readers through the identification of the trade-offs involved in each issue and assessing the economic evidence from scholarly research before exploring how this research may be used to guide policy recommendations. The book is divided into four sections, covering the basic practice areas of property, contracts, torts, and crime, with a fifth section devoted to a concise introduction to the topic of behavioral law and economics. Each chapter concludes with a series of thought-provoking discussion questions that provide readers the opportunity to further explore important ideas and concepts.
| Author | : Eibe Riedel |
| Publisher | : OUP Oxford |
| Total Pages | : 2883 |
| Release | : 2014-03-13 |
| Genre | : Law |
| ISBN | : 0191509582 |
Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.
| Author | : Flavia Cortelezzi |
| Publisher | : Taylor & Francis |
| Total Pages | : 197 |
| Release | : 2022-08-12 |
| Genre | : Business & Economics |
| ISBN | : 1000689131 |
This book explores how Islam can impact the structures and performance of firms, financial institutions and capital markets across a range of countries and industries. The Islamic finance industry represents an important reality not only because of the oil wealth of the Gulf states, which have fueled demand for such financial services, but also for an increased demand from a growing Muslim population in the West that aspires to express a full and all-inclusive religious identity. The increased demand for Muslim financial institutions has prompted Western non-Islamic firms to begin providing these services in an interesting effort of acculturation to the new plural scenario. By adopting a multidisciplinary approach, which also takes into account the theological, legal and geopolitical framework, the book offers a comprehensive picture of Islamic financial tools, contracts and business opportunities. Drawing on different fields of expertise, it deals with various themes, such as the theological roots of Islamic economics and finance and its geopolitical impact; the EU policy of cooperation with MENA and GCC countries; the instruments of Islamic finance, its legal principle and ability to become an instrument for enhancing business opportunities; the functioning of Islamic banks; the development of capital markets within a financial model influenced by religious constraints and, finally, the new relationships of this religious financial system with Western legal systems. The book thus provides a complete and extensive overview of the practice of Islamic finance through the lenses offered by studies of economics and management. Providing a careful analysis and an integrated framework of geo-economic and political issues, the book will be a valuable resource for academics, researchers and professionals in International Business, Entrepreneurship and Small Business Management, Law and Religion and Intercultural Studies.
| Author | : Keith N. Hylton |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 311 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 1849805288 |
In this outstanding new book Professor Keith Hylton and his collaborators examine what antitrust law has become over the past ten years, a time in which economic analysis has become its undisputed core. What has become of the old antitrust doctrine, what are the new issues for the immediate future? This book brings together the leading experts to examine this silent revolution at the core of US domestic policy. Mark Grady, UCLA School of Law, US Hylton s Antitrust Law and Economics brings together many of the best authors writing in antitrust today. Their essays range widely, covering proof of agreement under the Sherman Act, group boycotts, monopolization and essential facilities, tying and other vertical restraints, and merger policy. The writing is clear, accessible but still technically sophisticated and comprehensive. This book represents the best in contemporary antitrust scholarship, by authors who understand and are able to communicate the centrality of economic analysis to antitrust. No antitrust lawyer, serious antitrust student, or antitrust economist should be without this book. Herbert Hovenkamp, University of Iowa College of Law, US This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices. This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.
| Author | : Sanford Silverburg |
| Publisher | : Routledge |
| Total Pages | : 590 |
| Release | : 2018-04-19 |
| Genre | : Political Science |
| ISBN | : 0429979347 |
This book offers diverse, multinational perspectives on traditional and emergent issues in the practice and study of international law. It deals with the evolving foundations of international law and covers a wide range of issues that link international politics to international law.
| Author | : Guido Calabresi |
| Publisher | : Yale University Press |
| Total Pages | : 248 |
| Release | : 2016-01-28 |
| Genre | : Law |
| ISBN | : 0300216262 |
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.
| Author | : Todd J. Zywicki |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 451 |
| Release | : 2017-12-29 |
| Genre | : Austria |
| ISBN | : 1788113101 |
The original contributions to the Research Handbook provide an introduction to the application of Austrian economics to law. The book begins with chapters on the methodology of law and economics. Further chapters discuss key concepts in Austrian economics – dynamic competitive processes, spontaneous order, subjective value, entrepreneurship, and the limited nature of individual knowledge – as they relate to topics in evolutionary law (social rules, self-governance, dispute resolution) and basic law (torts, antitrust, civil procedure, business and family law).
| Author | : Anyansi-Archibong, Chi B. |
| Publisher | : IGI Global |
| Total Pages | : 407 |
| Release | : 2015-04-30 |
| Genre | : Philosophy |
| ISBN | : 1466685638 |
Advanced technology-driven globalization has not only revolutionized world economic growth but has also improved cross-border research methods, inevitably influencing ethical behaviors. Increases in interdisciplinary and cross-cultural research collaboration have further enhanced issues surrounding ethical research and practice. Contemporary Issues Surrounding Ethical Research Methods and Practice identifies the impact of globalization, advanced technology, and international collaboration on ethical research methods and practice. This comprehensive reference work serves as a critical resource for institutions, organizations, and individuals seeking further understanding of ethical research practices. This publication reveals the numerous issues in research ethics and practice including, but not limited to, law and economics of integrity as social capital, ethical research issues in Africa, research issues in Saudi Arabia, ethical issues in qualitative research methods, research with teen mothers and IRBs, ethical research and decision making models, a framework for ethical decision making in cross-cultural settings, and research ethics education.
