Description
Book Synopsis:
The law-and-economics movement remains a dominant force in American private law, even though courts and commentators recognize that many of its assumptions are implausible and that efficiency is not the law's only goal. This book adds to the debate by showing that many leading law-and-economics arguments fail on their own terms, even for those who accept their most important assumptions and goals. Adopting an analytical approach and using some law-and-economics methods against the leading arguments in that field, Shawn Bayern shows that economic thinking fails to explain or justify most rules in the common law. Bayern masterfully surveys leading law-and-economics arguments in tort, contract, and property law and shows them to be fragile, self-contradictory, or otherwise problematic. Those who accept that efficiency is important should not be persuaded by the kind of law-and-economics arguments that have remained in vogue among legal scholars for decades.
Details
Looking to gain a deeper understanding of law and economics? Look no further than our groundbreaking book, "The Analytical Failures of Law and Economics." While the law-and-economics movement continues to shape American private law, many recognize that its assumptions are far from realistic, and that efficiency is not the sole objective of the law. In this must-read book, Shawn Bayern challenges the prevailing arguments of law and economics by exposing their weaknesses and contradictions. Through an analytical approach and the use of law-and-economics methods, Bayern argues that economic thinking fails to justify or explain the majority of rules in the common law. If you believe that efficiency matters, then it's time to reevaluate the law-and-economics arguments that have dominated legal scholarship for years.
Uncover the flaws in leading law-and-economics arguments! "The Analytical Failures of Law and Economics" delves into the realm of tort, contract, and property law, debunking the fragile, self-contradictory, and problematic nature of these arguments. Bayern's meticulous examination challenges the status quo and provides valuable insights for those who recognize the importance of efficiency. It's time to break free from the outdated notions that have held us back for far too long.
Ready to enhance your knowledge and expand your perspective? "The Analytical Failures of Law and Economics" is your gateway to unlocking a new understanding of the law. Don't be swayed by misleading and flawed principles. Embrace a fresh perspective on efficiency and join us on this transformative journey. Get your hands on this indispensable book today and revolutionize your understanding of law and economics!
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