Download Costs And Cautionary Tales: Economic Insights for the Law by Anthony I. Ogus PDF

April 5, 2017 | Legal Theory Systems | By admin | 0 Comments

By Anthony I. Ogus

Charges and Cautionary stories presents an summary of ways monetary research can improve an realizing of legislations and will offer criteria for its serious assessment. The e-book eschews a dogmatic procedure, acknowledging that non-economic objectives play a massive half within the legislation. expenditures and Cautionary stories is directed essentially at legal professionals and legislations scholars, really those that hitherto were skeptical of the makes use of and cost of legislations and economics. every one bankruptcy is equipped on a specific subject or set of issues, with examples drawn from throughout felony different types. The method is discursive, anecdotal, and analytical, reflecting the guidelines and convictions constructed throughout the author's 30 years operating within the box of legislation and economics.

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In chapter three, I build on these ideas to engage in a mapping exercise of the legal system as a whole. I do so, not because I consider this to be the only, or “correct” way to understand legal structures, but rather because it helps to clarify how the economic and non-economic goals of the law are related; and to identify and classify the legal instruments used for these purposes. Economic reasoning of this kind also enables us to think more clearly about some of the problematic structural issues, such as those arising from the overlap of contract and tort and the relationship between private law and regulatory standards.

For an introduction to this, and its application to law, see A Ogus, M Jones-Lee, W Cole and P McCarthy, “Evaluating Alternative Dispute Resolution: Measuring the Impact of Family Conciliation on Costs” (1990) 53 Modern Law Review 57, 67–73. 22 (B) Ogus Ch1 20/2/06 16:33 Page 23 Setting the Scene natural science methodology,76 and a desire to create barriers for those wishing to enter this particular academic market. 77 Game theory complements traditional economic reasoning in that it explores, in greater depth, the way people behave when outcomes depend not only on their own decisions but also on choices made by others, and where therefore “strategy” enters into the reasoning process.

To illustrate this, I consider two entitlement dilemmas arising from simple factual situations, but generating much legal debate. Finder versus Occupier The first is drawn from the case of Parker v British Airways Board 25 in which a traveller found a valuable bracelet in an airport lounge. The true owner was never discovered and the contest was between the finder and the airline (as occupier of the airport lounge). The Court of Appeal held: 1. that the land occupier had better title in relation to chattels attached to, or in, the land; but 2.

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