This website uses cookies to ensure you have the best experience. Learn more

Theory And Practice Of The Economic Analysis Of Law

1006 words - 5 pages

THEORY AND PRACTICE OF THE ECONOMIC ANALYSIS OF LAW

POSSIBLE TOPICS FOR SEMINAR PAPERS

1. General Approaches
Overview paper on classical, behavioural, neuro-economical approaches.

2. The Assumption of Economic Rationality
Standard economic analysis assumes that people are rational maximizers of their own utility. This assumption consists of a cognitive element (“thin rationality”, the assumption that people’s preferences meet the requirements of completeness, dominance, invariance, etc.), and a motivational one (“thick rationality”, the assumption that ultimately people only care about their own utility). Students should analyze the fruitfulness and limitations of this ...view middle of the document...

It is also possible to reformulate the topic as “Default Rules – Economic and Behavioral Perspectives”

7. Economic Analysis and Redistribution through Private Law
This topic, or a variation thereof, may deal with both economics’ attitude to distributive issues (a huge subject of its own), and with the more concrete issue of using private law doctrines – contracts, torts, property law – to attain redistribution. Kaplow and Shavell’s article should serve as the starting point for the research.

8. Economic Analysis of the Good Faith Purchaser Doctrine
All legal systems face the question of how to resolve the conflict between original owners and good faith purchasers. The question arises with respect to various assets (movables, land, and money), various circumstances in which the original owner lost the asset, and various circumstances, in which the purchaser got it (buying from a merchant, receiving a gift). There is considerable economic analysis of this issue.

9. Economic Analysis of Pre-contractual Disclosure Duties
A classic topic and one in which economic analysis made its first contributions (Kronman’s seminal article). It would be interesting to ask the students to examine the extent to which Kronman’s theory can explain judicial decisions – in this case the decisions of Swiss courts (a comparable study was made by Krawiec & Zeiler in the US, but the students obviously need not do a large-scale empirical study).

10. Economic Analysis of Gratuitous Contracts
Gratuitous contracts seem to contradict the assumption that people are rational maximizers of their own utility. The economic analysis of such contracts is also influenced by the hostility of the common law to the enforceability of contracts without “consideration”. There have nevertheless been economic analyses of such contracts.

11. Enforced Performance (or “Specific Performance”) as a Remedy for Breach of Contract
This is one of the most controversial issues in economic analysis of private law, revolving around the notion of ‘efficient breach’. Part of the debate is within the economic discourse, and part of it has to do with the tension between economic analysis and the deontological duty to keep one’s promise.

12....

Other Papers Like Theory and Practice of the Economic Analysis of Law

Analysis and Implications of Practice: Quantitative Research

1021 words - 5 pages Running Head: ANALYSIS AND IMPLICATIONS Analysis and Implications of Practice: Quantitative Research Analysis and Implications of Practice: Quantitative Research Why are Nurses Leaving? Findings From an Initial Qualitative Study on Nursing Attrition Carol Isaac MacKusic and Ptlene Minick Introduction/Purpose As the population ages and chronic disease runs rampant, the need for bedside nurses grows. MacKusick and Minic (2010

Link Between Organisational Theory and Practice of Management

901 words - 4 pages Explain how the organisational theory underpins the practice of management. Organisational theory is very important because when applied in practice it can influence the overall performance of organisations. It is a sociological study of formal organisations and their interrelationship with the environment in which they are operating. The study of organisational structure and culture; the different organisational theories and approaches to

The Economic and Risk Analysis Division of the Sec

1120 words - 5 pages Nichole Schweitzer Professor Mathews ACCT 473 April 13, 2016 The Division of Economic and Risk Analysis: What Do They Do? The Division of Economic and Risk Analysis (DERA) is an integral part of the Securities Exchange Commission as it interacts with every other office and division in the SEC. In this paper, I will be discussing the role of DERA within the SEC, how it was formed, the multiple offices within DERA, and a program enacted by

The Law Of Tort Definitions And In-Depth Analysis

304 words - 2 pages liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage. There are also separate areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts. Tort law is state law created through judges (common law) and by legislatures (statutory law). Many judges and states utilize the Restatement of Torts (2nd) as an influential guide. The Restatement is a publication prepared by the American Law Institute whose aim is to present an orderly statement of the general law of the United States.

An Economic Analysis of the Death Penalty

2523 words - 11 pages and research that shows the death penalty is economically inefficient and morally wrong. This paper will analyze the cost-benefit of the death penalty to show that other alternatives of capital punishment should be exercised by participating states. An Economic Analysis of the Death Penalty A death for a death is the justice that most states choose to embrace, with 14 of the 50 states

Understanding the Principles and Practice of Assessment

4641 words - 19 pages constructive, specific and detailed. The written feedback gives a record of the assessment decision. 2.4. Identify the regulations and requirements relevant to assessment in own area of practice There may be a number of occupational legislation that could affect a specific assessment but the following will impact on all assessments: * The Equality Act 2010 was set out to protect against discrimination. This is important in assessment to

The Controversy and Practice of Islam

5114 words - 21 pages Palestine, the majority of people practice Islam? The dominant religion is Islam except for Israel where its population practices Judaism. Beside the dialect that is spoken in every country in the Middle East, all countries have Arabic language as the dominant language except for Israel and Turkey. Middle Eastern Islamic countries follow Sharia, the Islamic law, and Islam is an integral part of their culture. According to PBS.org, Arab Americans

Implementation of Reproductive Health Law: Awareness on Family Planning Practice and Strategies of Improving Health

3563 words - 15 pages Methods of Research – DRAFT Research Title: IMPLEMENTATION OF REPRODUCTIVE HEALTH LAW: AWARENESS ON FAMILY PLANNING PRACTICE AND STRATEGIES OF IMPROVING HEALTH AMONG SELECTED COUPLES OF BARANGAY BANAOANG, STA. BARBARA Genaro C. Reyes III, RN 2014 Chapter I INTRODUCTION Rationale The earth does not contain enough resources to indefinitely sustain the current enormous population growth. For instance, there is a limited

The Practice of Management

3018 words - 13 pages Mark Atia 7/25/2012 Extra Credit Assignment THE PRACTICE OF MANAGEMENT BY PETER DRUCKER The introduction is titled “The Nature of Management” and features three chapters. The first chapter is titled “The Role of Management”. The first two sentences in this chapter might be the best definition of a manager anyone has ever written. Drucker states that “the manager is the dynamic, life-giving element in every business. Without his leadership

Theory of Justice Analysis

1243 words - 5 pages Theory of Justice Analysis Conception and reality often clash when applied to everyday. In the most optimal society justice is served by punishing criminals so that law abiding citizens can live their lives in peace. The reality is that criminals receive punishments that are less than justice demands and the non-criminals are cheated. This short paper examines justice theories, the utilitarian view, modern justice view and the security based

Analysis of War Theory

912 words - 4 pages The works “Preventive War and Democratic Politics”, “Democratization and the Danger of War”, “Terrorism, the Use of Force, and International Law After 11 September”, and “Failed States: Fixing a Broken World” all describe and aim to formulate the motivations for modern wars between two states. By using historical precedents, each author makes assertions about war theory, leaving the reader with a framework to analyze conflicts occurring in the

Related Essays

Bus Law Theory To Practice Paper

2503 words - 11 pages Read the “Theory to Practice” section at the end of Ch. 6 of the text. Answer Questions 1 through 6 based on the scenario in the “Theory to Practice” section, and complete the following in your response: * At the end of the scenario, BTT states that it is not interested in distributing Chou’s new strategy game, Strat. Assuming BTT and Chou have a contract, and BTT has breached the contract by not distributing the game, discuss what remedies

Economic Analysis Of Penny Blossoms In The Big Bang Theory

587 words - 3 pages the dream she will soon be making the big bucks and she could eventually quit being a waitress in the long run. Basically, her aim is to earn and maximize profits (accounting profits). This is the goal of every firm. Without profits, there would be no incentive for new firms to enter or for existing firms to stay in. Her dream of earning enough to retire from waitressing was however shattered by Sheldon when he told her, with her 20 penny

Theory And Practice Of Organizational Learning Within The Us Army

1963 words - 8 pages Theory and practice of organizational learning within the US ArmySuccessful organizations increase productivity, efficiency and reach their goals by developing their most important resource, its employees. Organizational learning is a primary function of human resources management that develops employees by giving them the required tools and knowledge to meet future challenges. The United States Army faces the same challenges of any civilian

Explain How Social, Political And Economic Forces Have Influenced Organization And The Practice Of Management

2752 words - 12 pages activities or expand its market, it is recommended that they conduct SWOT analysis to find out its strengths, weakness, opportunities and threats in order to move forward. They do this by evaluating the social, political and economic forces in the environment. In addition, the practice of management is influenced by the social environment e.g. cultural climate in a country and an organization. It is further influenced by the political