Full Description
This Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists.
Despite their differences, economics and legal reasoning interact in many interesting ways. This book offers a fast track to these interactions. Both supporters and critics of Law & Economics will be exposed to a yet-to-be developed area of interaction between the disciplines.
This book will be of interest to economists, legal scholars, and Law and Economics specialists, and can be used as teaching material in courses on Law & Economics and legal reasoning as well.
Contents
Chapter 1. Introduction.- Part 1. Foundations.- Chapter 2. What is legal reasoning about: a jurisprudential account.- Chapter 3. Economic approaches to legal reasoning: an overview.- Part 2. Economics and Legal Interpretations.- Chapter 4. Economics in judicial decision-making: four types of situations where judges may apply economics.- Chapter 5. Characterizing economic and legal approaches to the regulation of market interactions.- Part 3. Economics and Fact-finding.- Chapter 6. What is Forensic Economics?.- Chapter 7. Why do US judges reject antitrust experts?.- Part 4. New Perspectives.- Chapter 8. Fostering the autonomy of legal reasoning through Legal Realism.- Chapter 9. Reverse engineering legal reasoning.
