Law's Order, What Economics Has to Do with Law and Why It Matters 法律的秩序--经济学与法律的关系及其重要性 下载 极速 rtf epub 在线 word txt pdf

The author sets out to provide an economic analysis of law. We learn that economics, whose fundamental issue is the implications of rational choice, is an essential tool for figuring out the effects of legal rules. Knowing what effects rules will have is central both to understanding the rules we have and to deciding what rules we should have. The first section of the book considers basic economic concepts, such as rationality and economic efficiency, that can be used to understand a wide range of legal issues. The book's second section applies economics to the analysis of the core areas of law, such as intellectual property and contracts. Friedman, a law school professor and economist, states that his target reader for this book is an intelligent layman, followed by law professionals and students. Another view is that this is really a textbook in disguise, which will be used primarily in the classroom by the author and other law professors. Mary Whaley --This text refers to the Hardcover edition.

Introduction

1. What Does Economics Have to Do with Law?

2. Efficiency and All That

3. What's Wrong with the World, Part 1

4. What's Wrong with the World, Part 2

5. Defining and Enforcing Rights: Property, Liability, and Spaghetti

6. Of Burning Houses and Exploding Coke Bottles

7. Coin Flips and Car Crashes: Ex Post versus Ex Ante

8. Games, Bargains, Bluffs, and Other Really Hard Stuff

9. As Much as Your Life Is Worth Intermezzo. The American Legal System in Brief

10. Mine, Thine, and Ours: The Economics of Property La~

11. Clouds and Barbed Wire: The Economics of Intellectual Property

12. The Economics of Contract

13. Marriage, Sex, and Babies

14. Tort Law

15. Criminal Law

16. Antitrust

17. Other Paths

18. The Crime/Tort Puzzle

19. Is the Common Law Efficient?

Epilogue

Index

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法律体系不完全是人类深思熟虑下的产物。在很大的程度内。它是由无数个别决定组成的非计划性结果。

法律体系不一定有意义，而我们也不一定能够了解其意义。

经济学最根本的课题不是金钱或经济体，而是理性选择的含意，因此它是了解法律效果的基本工具。

强盗之所以是强盗，和我当经济学家的理由相同。个人的偏好（tastes）、机会和能力，决定了什么是最吸引自己的行业。

刑法会产生净成本，而非转移

在法律的经济分析中，主体是法律，无一例外。

书籍介绍

What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting. Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars - it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment - but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places - and systems of non-legal rules, such as social norms, as well. This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.