Three Essays on Torts

Three Essays on Torts
Author: Jane Stapleton
Publisher: Oxford University Press
Total Pages: 129
Release: 2021-01-21
Genre: Law
ISBN: 0192645838

This book of essays champions tort scholarship that puts judges at centre stage: what they do, how they understand their role, the heterogeneous reasons they give for their decisions, and their constitutional responsibility to identify and articulate the 'living' and 'evolving' common law. This is 'reflexive tort scholarship'. Reflexive tort scholars seek dialogue with Bench and Bar. Their approach is very different from the currently fashionable academic search for 'grand theories' that descriptively assert that tort law is fundamentally 'all about one thing', a unifying idea that alone explains and justifies the whole of tort law. This book illustrates the advantages and pay-offs of the reflexive style of scholarship by showing how it illuminates key features of tort law. The first essay contrasts the reflexive approach with the Grand Theory approach, while the second essay identifies a principle of tort law (the 'cooperative principle'), that is latent in the cases and that vindicates the value of collaborative human arrangements. Identifying this principle calls into question, in disputes between commercial parties, the reasoning used to support one of the most entrenched lines of authority in tort law - that based on the famous case of Hedley Byrne v Heller. The final essay deploys the reflexive method to argue that the iconic 'but-for' test of factual causation is inadequate and narrower than the concept actually utilized in the cases. Application of the method also prompts a reassessment of the 'scope of duty' concept and of the appropriate characterisation of the much-discussed decision in SAAMCO. These essays, based on the 2018 Clarendon Law Lectures given at Oxford University, clearly demonstrate the value of scholarship that 'takes the judges seriously'.

The Theory of Money and Financial Institutions

The Theory of Money and Financial Institutions
Author: Martin Shubik
Publisher: MIT Press
Total Pages: 472
Release: 1999
Genre: Business & Economics
ISBN: 9780262693110

This first volume in a three-volume exposition of Shubik's vision of "mathematical institutional economics" explores a one-period approach to economic exchange with money, debt, and bankruptcy. This is the first volume in a three-volume exposition of Martin Shubik's vision of "mathematical institutional economics"--a term he coined in 1959 to describe the theoretical underpinnings needed for the construction of an economic dynamics. The goal is to develop a process-oriented theory of money and financial institutions that reconciles micro- and macroeconomics, using as a prime tool the theory of games in strategic and extensive form. The approach involves a search for minimal financial institutions that appear as a logical, technological, and institutional necessity, as part of the "rules of the game." Money and financial institutions are assumed to be the basic elements of the network that transmits the sociopolitical imperatives to the economy. Volume 1 deals with a one-period approach to economic exchange with money, debt, and bankruptcy. Volume 2 explores the new economic features that arise when we consider multi-period finite and infinite horizon economies. Volume 3 will consider the specific role of financial institutions and government, and formulate the economic financial control problem linking micro- and macroeconomics.

Risky Business

Risky Business
Author: Liran Einav
Publisher: Yale University Press
Total Pages: 280
Release: 2023-01-31
Genre: Political Science
ISBN: 0300253435

An engaging and accessible examination of what ails insurance markets--and what to do about it--by three leading economists "The authors . . . do a masterful job of explaining the intractable complexities created by this socially vital activity."--Martin Wolf, Financial Times, "Best Books of 2022: Economics" Why is dental insurance so crummy? Why is pet insurance so expensive? Why does your auto insurer ask for your credit score? The answer to these questions lies in understanding how insurance works. Unlike the market for other goods and services--for instance, a grocer who doesn't care who buys the store's broccoli or carrots--insurance providers are more careful in choosing their customers, because some are more expensive than others. Unraveling the mysteries of insurance markets, Liran Einav, Amy Finkelstein, and Ray Fisman explore such issues as why insurers want to know so much about us and whether we should let them obtain this information; why insurance entrepreneurs often fail (and some tricks that may help them succeed); and whether we'd be better off with government-mandated health insurance instead of letting businesses, customers, and markets decide who gets coverage and at what price. With insurance at the center of divisive debates about privacy, equity, and the appropriate role of government, this book offers clear explanations for some of the critical business and policy issues you've often wondered about, as well as for others you haven't yet considered.

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe
Author: Martijn Hesselink
Publisher: Kluwer Law International B.V.
Total Pages: 290
Release: 2002-10-16
Genre: Law
ISBN: 9041119620

In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

The Economics of Contracts

The Economics of Contracts
Author: Eric Brousseau
Publisher: Cambridge University Press
Total Pages: 604
Release: 2002-10-17
Genre: Business & Economics
ISBN: 9780521893138

A 2002 survey of economics of contracts appealing to scholars in economics, management and law.

Economic Analysis of Suicide Prevention

Economic Analysis of Suicide Prevention
Author: Yasuyuki Sawada
Publisher: Springer
Total Pages: 212
Release: 2017-10-24
Genre: Political Science
ISBN: 9811015007

This book examines the causes and consequences of suicide from the perspective of economics. The approach here differs from those in medical, psychiatric, epidemiological, and sociological studies of suicide and is thus novel in a way that highlights the importance of economic and institutional settings in the problem of suicide. The authors argue that suicide imposes a tremendous economic cost on contemporary society in a variety of ways, requiring the government to develop an effective prevention strategy. An empirical analysis using data from Japan and other developed countries shows that natural disasters and economic crises increase suicide rates, while liberal government policies favorable to the poor can decrease them. Further, the types of effective prevention strategies in the context of railway/subway suicides, celebrity suicides, public awareness campaigns, and education using data primarily from Japan are revealed. This book ultimately contributes to an understanding of suicides and the development of evidence-based policy proposals. The Japanese version of this book won the 56th Nikkei Prize for Economics Books (Nikkei Keizai Tosho Bunka Award) in 2013. Yasuyuki Sawada is Chief Economist of the Asian Development Bank and Professor of Economics at The University of Tokyo. Michiko Ueda is Associate Professor in the Faculty of Political Science and Economics at Waseda University. Tetsuya Matsubayashi is Associate Professor of Osaka School of International Public Policy (OSIPP) at Osaka University.