The Economics of Lawmaking, Parisi, Francesco; Fon, Vincy

Автор: Me?erschmidt
Название: Rational Lawmaking under Review
ISBN: 3319332155 ISBN-13(EAN): 9783319332154
Издательство: Springer
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Цена: 139750.00 T
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Описание: This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court?s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.

Автор: Zamir, Eyal.
Название: Law, economics, and morality /
ISBN: 0195372166 ISBN-13(EAN): 9780195372168
Издательство: Oxford Academ
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Цена: 90810.00 T
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Описание: Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely
consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis (CBA) is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and
promise-keeping over the promotion of good outcomes. It holds that there are constraints on promoting the good. Such constraints may be overridden only if enough good (or bad) is at stake. While moderate deontology conforms to prevailing moral intuitions and legal doctrines, it is arguably lacking
in methodological rigor and precision.

Eyal Zamir and Barak Medina argue that the normative flaws of economic analysis can be rectified without relinquishing its methodological advantages and that moral constraints can be formalized so as to make their analysis more rigorous. They discuss various substantive and methodological choices
involved in modeling deontological constraints. Zamir and Medina propose to determine the permissibility of any act or rule infringing a deontological constraint by means of mathematical threshold functions. Law, Economics, and Morality presents the general structure of threshold functions, analyzes
their elements and addresses possible objections to this proposal. It then illustrates the implementation of constrained CBA in several legal fields, including contract law, freedom of speech, antidiscrimination law, the fight against terrorism, and legal paternalism.

Название: Law and Economics
ISBN: 1138081620 ISBN-13(EAN): 9781138081628
Издательство: Taylor&Francis
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Цена: 48990.00 T
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Описание: The Law and Economics approach to law dominates the intellectual discussion of nearly every doctrinal area of law in the US and its influence is growing steadily throughout Europe, Asia and South America. Numerous academics and practitioners are working in the field with a flow of uninterrupted scholarship that is unprecedented as is its influence on the law.

Автор: Zamir Eyal, Teichman Doron
Название: The Oxford Handbook of Behavioral Economics and the Law
ISBN: 0199945470 ISBN-13(EAN): 9780199945474
Издательство: Oxford Academ
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Цена: 153120.00 T
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Описание: Partly as a reaction to standard economic analysis of law, the past twenty years have witnessed a surge in behavioral studies of law and law-related issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development.

Автор: White
Название: Theoretical Foundations of Law and Economics
ISBN: 1107403197 ISBN-13(EAN): 9781107403192
Издательство: Cambridge Academ
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Цена: 33790.00 T
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Описание: Theoretical Foundations of Law and Economics provides an original, book-length examination of the methodology and philosophy of law and economics, featuring essays written by leading legal scholars, philosophers, and economists. The contributors take issue with many of the key tenets of the economic approach to law.