基本説明
This book explores the relative advantages and limits of alternative sources of law using the formal methods of public choice theory.
Full Description
The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutional design in lawmaking. They consider the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement.
This book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. Parisi and Fon provide an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. They also consider the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explore sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.
Contents
Acknowledgements ; Introduction ; PART I ? Lawmaking through Legislation: Codified Law ; Chapter 1. ; Lawmaking through Legislation: An Introduction ; Chapter 2. ; Optimal Specificity of Laws: Rules versus Standards ; Chapter 3. ; Optimal Timing of Legal Intervention: Lawmaking under Uncertainty ; Chapter 4. ; Optimal Territorial Scope of Laws: Subsidiarity and Legal Harmonization ; PART II ? Lawmaking through Adjudication: Judge-Made Law ; Chapter 5. ; Lawmaking through Adjudication: An Introduction ; Chapter 6. ; Litigation and the Evolution of Legal Remedies ; Chapter 7. ; Judicial Path-Dependence and Legal Change ; Chapter 8. ; Theories of Legal Precedent: Stare Decisis and Jurisprudence Constante ; PART III ? Lawmaking through Practice: Customary Law ; Chapter 9. ; Lawmaking through Practice: An Introduction ; Chapter 10. ; Fostering the Emergence of Customary Law ; Chapter 11. ; Customary Law and Articulation Theories ; Chapter 12. ; Stability and Change in Customary Law ; PART IV ? Lawmaking through Agreement: Treaty Law ; Chapter 13. ; Lawmaking through Agreement: An Introduction ; Chapter 14. ; Formation and Accession to Treaties ; Chapter 15. ; Ratification and Reservations: The Effects of Reciprocity ; Chapter 16. ; The Hidden Bias of Treaty Law ; Conclusions
