Economic Analysis Of Property Law Cases

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Economic Analysis of Property Law Cases

Author : Boudewijn R. A. Bouckaert
Publisher : Routledge
Page : 251 pages
File Size : 52,7 Mb
Release : 2020-03-02
Category : Business & Economics
ISBN : 9781317693901

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Economic Analysis of Property Law Cases by Boudewijn R. A. Bouckaert Pdf

The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts’ decisions from an economic angle. Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.

Economic Analysis of Property Law Cases

Author : Boudewijn R. A. Bouckaert
Publisher : Taylor & Francis eBooks
Page : 234 pages
File Size : 54,6 Mb
Release : 2020
Category : Business & Economics
ISBN : 1315777584

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Economic Analysis of Property Law Cases by Boudewijn R. A. Bouckaert Pdf

"The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts' decisions from an economic angle. Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics"--

Property Law and Economics

Author : Boudewijn Bouckaert
Publisher : Edward Elgar Publishing
Page : 351 pages
File Size : 48,6 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849806510

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Property Law and Economics by Boudewijn Bouckaert Pdf

This book contains illuminating and carefully written literature reviews on the central topics of the economics of property rights and institutions. As a bonus, it includes two fascinating chapters on topics off the beaten path slavery and new types of property rights in environmental goods. This book will be indispensible for students and experienced scholars alike. Eric Posner, University of Chicago Law School, US This study covers property law and property rights, providing a full summary and comprehensive bibliography of the existing law, together with discussion from an economic perspective on the most important aspects of property law. Leading experts have brought together their knowledge and insight on a full range of issues including comparative property law and the history of property law to create a truly autonomous interdisciplinary resource. This essential reference work will strongly appeal to scholars and students enrolled in academic programmes of law and economics. Academic lawyers involved in research and teaching of private (common) law, practicing lawyers in the field of real estate law, as well as economists involved in researching development economics and transition economics will also find this an invaluable resource.

Economic Analysis of Property Rights

Author : Yoram Barzel
Publisher : Cambridge University Press
Page : 180 pages
File Size : 52,8 Mb
Release : 1997-04-13
Category : Business & Economics
ISBN : 0521597137

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Economic Analysis of Property Rights by Yoram Barzel Pdf

This is a study of the way individuals organise the use of resources in order to maximise the value of their economic rights over these resources.

The Economic Analysis of Civil Law

Author : Schäfer, Hans-Bernd,Ott, Claus
Publisher : Edward Elgar Publishing
Page : 648 pages
File Size : 54,8 Mb
Release : 2022-01-25
Category : Law
ISBN : 9780857935076

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The Economic Analysis of Civil Law by Schäfer, Hans-Bernd,Ott, Claus Pdf

This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.

The Economics of Law

Author : Antony W. Dnes
Publisher : South Western Educational Publishing
Page : 0 pages
File Size : 54,5 Mb
Release : 2005
Category : Civil law
ISBN : 0324002157

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The Economics of Law by Antony W. Dnes Pdf

Dnes' Economics of Law is a straightforward, up-to-date introduction to economics of law, with economic analysis and legal principles treated in a self-contained manner as the book progresses. Both lawyers and economists can use the book without prior knowledge of each other's subject. The book is based on a British version, but is explicitly US in focus and is up to date on US case law and Restatements. This book includes timely coverage of the economic analysis of property, contract, criminal, tort, and procedural law with the emphasis placed on economics rather than on legal issues.

Research Handbook on the Economics of Property Law

Author : Kenneth Ayotte,Henry E. Smith
Publisher : Edward Elgar Publishing
Page : 417 pages
File Size : 46,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9781849808972

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Research Handbook on the Economics of Property Law by Kenneth Ayotte,Henry E. Smith Pdf

Leading scholars in the field of law and economics contribute their original theoretical and empirical research to this major Handbook. Each chapter analyzes the basic architecture and important features of the institutions of property law from an economic point of view, while also providing an introduction to the issues and literature. Property rights and property systems vary along a large number of dimensions, and economics has proven very conducive to analyzing these patterns and even the nature of property itself. The contributions found here lend fresh perspectives to the current body of literature, examining topics including: initial acquisition; the commons, anticommons, and semicommons; intellectual property; public rights; abandonment and destruction; standardization of property; property and firms; marital property; bankruptcy as property; titling systems; land surveying; covenants; nuisance; the political economy of property; and takings. The contributors employ a variety of methods and perspectives, demonstrating the fruitfulness of economic modeling, empirical methods, and institutional analysis for the study of both new and familiar problems in property. Legal scholars, economists, and other social scientists interested in property will find this Handbook an often-referenced addition to their libraries.

Foundations of Economic Analysis of Law

Author : Steven Shavell
Publisher : Harvard University Press
Page : 760 pages
File Size : 54,5 Mb
Release : 2009-07-01
Category : Law
ISBN : 9780674043497

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Foundations of Economic Analysis of Law by Steven Shavell Pdf

What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

The Economics of Eminent Domain

Author : Thomas J. Miceli,Kathleen Segerson
Publisher : Now Publishers Inc
Page : 67 pages
File Size : 52,9 Mb
Release : 2007
Category : Eminent domain
ISBN : 9781601980427

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The Economics of Eminent Domain by Thomas J. Miceli,Kathleen Segerson Pdf

The Economics of Eminent Domain: Private Property, Public Use, and Just Compensation presents an overview of the economics of eminent domain. Beginning with a brief review of the relevant case law for both physical acquisitions and for regulatory takings, the authors survey the economics literature examining eminent domain.

The Law and Economics of Intellectual Property in the Digital Age

Author : Niva Elkin-Koren,Eli Salzberger
Publisher : Routledge
Page : 212 pages
File Size : 53,5 Mb
Release : 2012-11-27
Category : Law
ISBN : 9781136249501

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The Law and Economics of Intellectual Property in the Digital Age by Niva Elkin-Koren,Eli Salzberger Pdf

This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.

Taking Property and Just Compensation

Author : Nicholas Mercuro
Publisher : Springer
Page : 223 pages
File Size : 55,5 Mb
Release : 2012-09-27
Category : Political Science
ISBN : 9401053138

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Taking Property and Just Compensation by Nicholas Mercuro Pdf

While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law and Economics can complement the traditional doctrinal approach to law. As the discipline of Law and Economics continues to advance, it remains heterodox; there are several vantage points from which to describe and analyze the interrealtionships between law and economics. It is hoped that the analyses from the several vantage points provided here will complement the prodigous body of existing doctrinal, legal analysis of the takings issue and deepen the understanding of the jurisprudential questions and economic issues surrounding the takings issue. To this end, each contributor to this volume was selected as `representative' of one of the schools of thought comprising Law and Economics. In addition, each contributor was provided with a collection of recent United States Supreme Court cases (those summarized in Chapter 1 of this book) along with President Regan's Executive Order: The sole charge to each contributor was to conduct a legal-economic analysis of the cases and the President's Executive Order from the vantage point of their respective school of thought.

Law and Economics of Possession

Author : Yun-chien Chang
Publisher : Cambridge University Press
Page : 365 pages
File Size : 50,6 Mb
Release : 2015-05-21
Category : Business & Economics
ISBN : 9781107083547

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Law and Economics of Possession by Yun-chien Chang Pdf

Analyses the concept of possession, including specific issues such as adverse possession.

Economic Analysis of Civil Law

Author : Hans-Bernd Schäfer,Claus Ott
Publisher : Edward Elgar Publishing
Page : 492 pages
File Size : 40,7 Mb
Release : 2004
Category : Civil law
ISBN : STANFORD:36105063233865

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Economic Analysis of Civil Law by Hans-Bernd Schäfer,Claus Ott Pdf

This comprehensive and established book - first published in German - explains the new approach of law and economics to civil law. Written by two of Europe's leading scholars in the field, it provides a thorough yet accessible economic analysis of tort law, contract law and property law, with particular emphasis placed on legal cases and doctrines from civil law. The authors first review the basic concepts of both normative and positive economics and their links to institutional economics. They move on to develop the economic rationales of tort law and examine the different concepts involved. They also investigate contracts, especially sales contracts, quasi contracts, and pre-contractual duties which play a prominent role in civil law countries. Finally, they provide a comprehensive overview of the economic functions and legal forms of property law. Throughout, the authors analyse and evaluate the complexities of civil law using economic theory, and clearly demonstrate that the legal forms found in civil law frequently serve the purpose of increasing a nation's wealth. This outstanding volume is the first law and economics textbook that concentrates on civil law. It integrates legal doctrines with economic reasoning, and lucidly explains the concepts involved. It requires no prior knowledge of either economics or law and will undoubtedly become the requisite textbook in the field for all students of law, law and economics and business administration. It will also be of great value to academics and practitioners interested in an overview of this area.

Property Rights, Economics, and the Environment

Author : Michael D. Kaplowitz
Publisher : Psychology Press
Page : 329 pages
File Size : 43,7 Mb
Release : 2000
Category : Business & Economics
ISBN : 0762306467

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Property Rights, Economics, and the Environment by Michael D. Kaplowitz Pdf

Featuring a broad range of contributors, current data, and case studies, this book explores how the discussion of environmental policy requires the integration of legal-economic analysis of property rights issues.

The Economic Analysis of Civil Law

Author : Hans-Bernd Schäfer,Claus Ott
Publisher : Unknown
Page : 648 pages
File Size : 53,6 Mb
Release : 2022-03-28
Category : Electronic
ISBN : 0857935143

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The Economic Analysis of Civil Law by Hans-Bernd Schäfer,Claus Ott Pdf

This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory. Key features include: Examples and cases that illustrate central concepts of the economic analysis of law in relation to civil law doctrines Examination of the core areas of civil law: tort law, contract law, property law, intellectual property law as well as basic problems of insolvency law and corporate law In-depth analysis of the legal rules of statutory law and judge-made law, demonstrating the extent to which these rules are either based on economic criteria or run parallel to them - and the extent to which such criteria facilitate the application and further development of law. This substantially revised second edition presents the latest insights into legal economic research, including important empirical and behavioural deliberations. It will be a valuable guide for advanced undergraduate and postgraduate students of law and economics.