ECONOMIC FOUNDATIONS OF LAW SECOND EDITIONPDF电子书下载
购买点数
12 点
出版社
ROUTLEDGE
出版时间
2005
ISBN
标注页数
304 页
PDF页数
326 页
标签
1 Principles of microeconomics （Ⅰ） 1
A basic principle: thefungibility of money 1
Cost 2
Demand curves and supply curves 7
The equilibrium ofa competitive market 10
Price ceilings 11
The market for lawyers 13
The factor market 15
The effects of a tax 23
The effects ofa subsidy 24
Elasticities 25
Income and substitution effects 31
2 Principles of microeconomics （Ⅱ） 35
Monopolies and cartels 35
Relation between marginal and average amounts 38
Cartels 38
Game theory and the prisoners’ dilemma 39
Rent-seeking behavior 41
Capital； human capital 42
The present value offuture payments 42
Interest rates 45
Efficient capital markets 46
Externalities 46
Attitudes toward risk 47
Markets with incomplete information 48
Public goods 50
Appendix 2.1 Continuous compounding 52
3 Introduction to the legal system 55
Litigation and the court system 55
Precedents and the common law 59
Different standards ofproof 60
The U.S.Constitution 62
4 Property law 67
Efficiency 68
Transaction costs 69
Bilateral monopoly 70
How disputes are decided by law 72
The Coase Theorem 73
Self-assessment 78
How the entitlement should be protected 78
How to determine ownership ofproperty 82
Intellectual property 86
5 Problems of incomplete property rights 97
Inalienability 97
Problems when there are no property rights 102
Problems when property rights are divided 105
Problems when property rights are uncertain 110
Limits on the disposition of property at death 111
Appendix 5.1 When should a tree be harvested? 114
6 Informal creation of property rights 117
The Gold Rush 117
Sharecropping contracts 119
Whaling customs 119
The division of properts in law firms 120
The Shakers 122
7 The law of contracts 124
The economic functions of the law of contracts 124
General rules of contract law 126
The common law of slavery 131
The controversy concerning standard form contracts 131
Unconscionability 133
Remedies for breach of contract 136
The lost-volume or expansible seller 139
Specific performance 141
Liquidated damages and penalties 143
8 Torts 147
Negligence 147
Strict liability 148
The Learned Hand rule 150
The law of rescue 151
The collateral source rule 152
Comparative negligence 152
More on strict liability 153
Medical malpractice 156
Contribution 159
Damages 161
Whether dangerous conduct should be controlled by tort law or regulation 166
No-fault automobile insurance 169
9 The economics of litigation 173
An optimal judicial system 173
The standard of proof for a preliminary injunction 174
The economic model of litigation 174
Pre-trial discovery 175
Procedural rules which make litigation more efficient 175
Agency problems 176
The English rule 183
Court delay 185
Expert witnesses 187
Determining the quality of a judge （or a court） 189
Whether the common law is efficient 190
Rules of collateral estoppel 192
The jury 194
Juries in death penalty cases 197
10 Criminal law 202
The economic model of crime and punishment 202
The optimal type of punishment 204
An application: Megan’s Laws 205
Evaluating the system of law enforcement 208
Measuring the determinants of crime and the benefits of law enforcement 212
Markets for crime 215
Externalities resulting from precautions taken against crime； Lojack 220
Factors affecting the quality of law enforcement 221
Public versus private enforcement of law 222
11 Corporations and financial markets 226
The characteristics of the corporation 226
Common and preferred stock 227
Potential conflicts between managers and stockholders 229
Compensation of investment advisors 232
The competition to be the state of incorporation 233
The prohibition of insider trading 234
Conflicts among shareholders 235
Deposit insurance and moral hazard 236
12 Taxation 239
The effects of a death tax 239
Social security 240
The effect on savings of tax rules concerning interest 243
The proposal for a tax on consumption 243
Charitable contributions 245
Depreciation 246
Percentage depletion 247
The subsidy for residential housing 251
The social cost of the tax exemption of interest on municipal bonds 253
13 Labor law 257
Covenants not to compete 257
General and firm-specific human capital 258
Maximum and minimum wages 261
Employment protection laws 263
Regulation ofpensions 270
Comparable worth 272
Glossary 276
Notes 286
Index 298
