Jurisprudence and general issues Books

Book SynopsisArbitrators, unlike judges, are appointed by parties to resolve their transactional disputes. Because of such contractual appointment, arbitrators gain their authority from the parties, and thus must apply the law chosen by the parties to the dispute before them. However, there are overriding mandatory laws of other jurisdictions, that due to their imperative character may claim application to the dispute. The arbitrator, as a private adjudicator, has a duty to resolve a potential conflict that may arise between the law chosen by the parties and another mandatory law(s) that claims application and is not chosen by the parties. Overriding Mandatory Rules in International Commercial Arbitration discusses the applicability of mandatory rules of law in international commercial arbitration and addresses the concerns of the arbitrators and judges at various stages of arbitration and the recognition and enforcement of the award respectively. Legal scholars researching the law applicable in international commercial arbitration will find the answers they require within these pages, as will students. It will also prove helpful to practitioners, including arbitrators, judges and attorneys, as they deal with mandatory rules in practice.Trade Review'Hossein Fazilatfar's treatise deftly navigates a complex and enduring problematique of international arbitration scholarship and practice - how to reconcile the parties' contractual bargain regarding choice-of-law with due consideration of imperative substantive rules while delivering an arbitral award that is minimally exposed to challenge or set aside claims. In doing so, he adds invaluable structure and methodology to the ''unruly horse'' of public policy/ mandatory law, deliberations about which have grown in number and complexity over the years. His book reminds us of the responsibility that arbitrators bear when addressing this problematique on a case-by-case basis, and the sophistication required to do so. Fazilatfar's insightful solutions and critiques enlarge the analytical toolkit available to arbitrators, as well as to practitioners, students and the academy, to discharge that responsibility.' --Gary Born, Wilmer Cutler Pickering Hale and Dorr LLP and author of International Commercial Arbitration'To say that Hossein Fazilatfar's work on mandatory law in international arbitration is a major contribution to the literature is a vast understatement. No aspect of this complex subject escapes Fazilatfar's attention, and no prior writing on it fails to be valorized. Nor has anyone assembled all of this thinking in so clear, coherent and convincing a way. All who are interested in international arbitration, whatever the functions they perform, owe it to themselves to read this book and reflect on the insights with which it is replete.' --George A. Bermann, Columbia Law School, USTable of ContentsContents: Foreword Preface 1. Public policy and mandatory rules of law: definition, distinction, and function 2. Arbitrability of overriding mandatory rules 3. The role of overriding mandatory rules before arbitration tribunals 4. Overriding mandatory rules and the judicial review of international arbitral awards 5. Approaches to mandatory rules in international arbitration Index

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Book SynopsisThis unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies. The book examines whether non-doctrinal methods promise certainty and objectivity. Chapters explore how adopting social research methods allows artificial landscapes of international law to be constructed, with the aim of aiding our understanding of its normative content. In doing so, the contributors place the normative content of international law into the realm of scientific investigation, providing a critical distance from its principled roots. This insightful book argues that any research methodology, whether doctrinal or non-doctrinal, involves a necessarily partial and incomplete vision of international law. Hence, the critical variation provided by non-doctrinal methods is a useful means for supplementing, rather than replacing, doctrinal analysis. Accessible and engaging, Pluralising International Legal Scholarship will be a key resource for international law scholars, especially those specializing in legal methods. The interdisciplinary nature of the study will also appeal to students and academics working in the fields of international relations, international organization and social research methodology. Contributors include: R. Deplano, M. Dordeska, E.A. Faulkner, G. Gentile, H. Lai, S. Landefeld, G.M. Lentner, L. Lonardo, A. Magaria, J. OstranskyTrade Review'This volume acts as an important and provocative invitation to international legal scholars to take non-doctrinal methods seriously. The various contributions, as diverse as they are, come together in a call for methodological self-reflexiveness, scientific rigour in empirical data collection and analysis, and to consider the real world impacts of international laws and institutions, as well as the social and cultural context in which such laws and institutions develop and evolve.' --Richard Collins, University College Dublin, Ireland'The stakes are high: different methods make different worlds. Still, Deplano and her contributors avoid the snares of a disciplinary turf war and practice a plurality of methods instead. That is the way to proceed.' --Ingo Venzke, University of Amsterdam, the NetherlandsTable of ContentsContents: INTRODUCTION Rossana Deplano 1. General Principles of Law Recognized by Civilized Nations: Method, Inductive-Empirical Analysis and (More) ‘Scientific’ Results Marija Đorđeska 2. The Evolution of Norms and Concepts in International Law: A Social Constructivist Approach Sarina Landefeld 3. A Case for Ethnography of International Investment Law Josef Ostřanský 4. Going beyond judgements: Exploring the Jurisprudence of the European Court of Human Rights Alice Margaria 5. The development of child trafficking within international law: a socio-legal and archival analysis Elizabeth A. Faulkner 6. Appeals in the field of EU sanctions before the European Court of Justice after Lisbon: A quantitative study Giulia Gentile and Luigi Lonardo 7. The Perils of Quantitative Research in International Law Gabriel M. Lentner 8. The Unfulfilled Promises of the Data-Driven Approach to International Economic Law Huaxia Lai CONCLUSIONS Rossana Deplano Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this carefully drafted work, Ernst Hirsch Ballin uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. Offering a critical overview of the theories underlying methodological research, as well as the methods themselves, the book explores how such methods differ along critical, empirical, and fundamental lines, and how, by building on these approaches, legal research may contribute to well-considered developments in the law. Such explorative research, the author argues, is crucial in overcoming crises and restoring trust in the law. Key features include: an exploration of the common object of legal research: law in the sense of legal rules, decisions, principles and values special emphasis on the legal-grammatical category of personhood and on constitutional foundations a consideration of law as a normative language intended to guide behaviour a consideration of the theoretical underpinnings of legal research methods. This Advanced Introduction will greatly benefit legal scholars who seek to understand the object and methods of their work, as well as law and philosophy students looking to grasp the theoretical and methodological foundations of law and legal development.Trade Review'In this wonderfully succinct yet always rigorous volume, Ernst Hirsch Ballin models the very open-mindedness that he rightly identifies as essential to pushing beyond traditional jurisprudence. The result is an excellent introduction to various methodological and theoretical approaches to legal scholarship--what we might call semantic-behavioural, critical-discursive, genealogical-historical, empirical-social scientific--which together show the rich potential of law as an innovative discipline. We owe Hirsch Ballin a debt of gratitude for offering this always fair-minded and insightful take on a perennially challenging and contested topic.' --Peter L. Lindseth, University of Connecticut, School of Law, USTable of ContentsContents: Preface 1. Common object of legal research 2. Critical angles in legal research 3. Empirical legal research 4. Fundamental research 5. Humans in law’s grammar 6. Explorative research 7. Epilogue: horizons of legal research Glossary Bibliography Index

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Book SynopsisThis Companion presents a comprehensive analysis of the World Health Organizationâs (WHO) practices and structures, reflecting on its development as a specialised UN agency since its creation. It examines the WHOâs capacity to provide the coordination and leadership needed to address todayâs global health challenges.

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Book Synopsis'In order to use law to improve social welfare, scholars and policy makers need to be able to predict how people will respond to the legal change. To do so, they must understand when and how decisions are affects by systematic biases and heuristics, including how people respond to changes in either the legal or institutional environment. In this path-breaking volume, Professors Teitelbaum and Zeiler have assembled leading scholars from a variety of disciplines to enrich our understanding of human decision-making and analyze the implications of behavioral analysis for a wide range of legal issues, including antitrust, consumer finance, criminal law, torts, and property. This book will be enormously valuable for students, scholars and policy makers.'- Jennifer Arlen, New York University, School of Law, US The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive, and emotional forces. The field?s insights have important implications for law. This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law. It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward.The leading scholars of law, economics, and psychology featured in this Research Handbook use their insights to synthesize and contribute to the extant research at the intersection of behavioral economics and key areas of law, and to demonstrate methods for effective original research. With synthetic literature reviews and original research, conceptual overviews and critical perspectives, as well as topic-specific chapters, it provides a strong overview of this burgeoning field.Law and economics scholars, behavioral law scholars, and behavioral economists and psychologists dealing with law, judgement and decision-making will appreciate this Research Handbook?s dedication to applicable research, and judges, lawmakers, policy advocates and regulators will note its important practical implications for law and public policy.Contributors include: S. Agarwal, A. al-Nowaihi, B.W. Ambrose, J. Baron, M. Bos, G. Charness, T. Chorvat, G. DeAngelo, S. Dhami, B. Ho, P.H. Huang, D. Huffman, O.D. Jones, C.M. Landeo, B. Luppi, K. McCabe, G. Mitchell, F. Parisi, S. Payne Carter, P.M. Skiba, A. Stein, T. Wilkinson-Ryan, E. Xiao, K. ZeilerTrade Review'What does behavioral economics have on offer for the law? This Research Handbook forcefully cautions against the simplistic response: realism. For well-selected subfields of law, like antitrust, punishment or torts, it demonstrates the power of taking motivation and cognition seriously. But this requires mastering the emerging behavioral theory, and carefully gauging the facetted empirical evidence. The reader is guided towards the relevant literatures in economics and psychology, and learns how to read them. This Research Handbook will help lawyers make a most timely behavioral turn.' --Christoph Engel, Max Planck Institute for Research on Collective Goods, Germany'Behavioral law and economics is ascending. Teitelbaum and Zeiler, leaders in this emerging field, have put together an indispensable volume, including helpful literature reviews, new findings and critically important methodological discussions. These contributions are mandatory reading for researchers in the field and, more importantly, for policymakers that move, sometimes too quickly, to translate the research into law.' --Oren Bar-Gill, Harvard Law School, US'This breathtaking volume on behavioral law and economics testifies to the field's depth, breadth, and impact. Professors Teitlebaum and Zeiler have gathered a veritable ''who's who'' of leading thinkers and researchers who variously define, defend, extend, and critique the field. For the uninitiated, this volume provides a valuable introduction to behavioral law and economics; for scholars in the field, this is truly indispensable reading.' --Chris Guthrie, Vanderbilt Law School, USTable of ContentsContents: Introduction Joshua C. Teitelbaum and Kathryn Zeiler PART I Foundations 1. Conceptual Foundations: A Bird’s-Eye View Jonathan Baron and Tess Wilkinson-Ryan 2. Behavioral Probability Alex Stein PART II Antitrust and Consumer Finance 3. Exclusionary Vertical Restraints and Antitrust: Experimental Law and Economics Contributions Claudia M. Landeo 4. Balancing Act: New Evidence and a Discussion of the Theory on the Rationality and Behavioral Anomalies of Choice in Credit Markets Marieke Bos, Susan Payne Carter and Paige Marta Skiba 5. The Effect of Advertising on Home Equity Credit Choices Sumit Agarwal and Brent W. Ambrose PART III Crime and Punishment 6. Punishment, Social Norms, and Cooperation Erte Xiao 7. Prospect Theory, Crime and Punishment Sanjit Dhami and Ali al-Nowaihi PART IV Torts 8. Behavioral Models in Tort Law Barbara Luppi and Francesco Parisi 9. Law and Economics and Tort Litigation Institutions: Theory and Experiments Claudia M. Landeo PART V Happiness and Trust 10. Happiness 101 for Legal Scholars: Applying Happiness Research to Legal Policy, Ethics, Mindfulness, Negotiations, Legal Education, and Legal Practice Peter H. Huang 11. Trust and the Law Benjamin Ho and David Huffman PART VI Experiments and Neuroeconomics 12. Law and Economics in the Laboratory Gary Charness and Gregory DeAngelo 13. What Explains Observed Reluctance to Trade? A Comprehensive Literature Review Kathryn Zeiler 14. Incentives, Choices, and Strategic Behavior: A Neuroeconomic Perspective for the Law Terrence Chorvat and Kevin McCabe PART VII Cautions and Ways Forward 15. The Price of Abstraction Gregory Mitchell 16. Why Behavioral Economics Isn't Better, and How It Could Be Owen D. Jones Index

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Book SynopsisThis original and insightful book considers the ways in which public law, which emphasises legality (the Demos), and economics, a science oriented towards the markets (the Agora), intertwine. Throughout, George Dellis argues that the concepts of legality and efficiency should not be perceived separately.An Economic Analysis of Public Law shows that combining these two disciplines allows for a more realistic view of decision-making and human action, leading to the creation of a 'new' public law that improves the functioning of non-consensual institutions. The book explores the ways in which this will lead to a better coexistence of Demos and Agora, especially in modern times of globalisation and competition among regulators. Chapters cover almost all aspects of the economic analysis of public law, such as the importance of economic analysis, design and decision-making for public institutions, and a general economic theory for public law and regulation.Students, scholars and researchers in disciplines such as law and economics, European and public law in general, as well as the philosophy of law will find this book to be a valuable resource. It will also be a companion for anyone who is interested in understanding how the Law of the State and the State itself evolve in the current, globalised world.Trade Review'An Economic Analysis of Public Law: Demos and Agora argues persuasively that public lawyers need to learn economics to help them promote effective and publicly acceptable legal reform in democracies. Law is not merely a formal category. It ought to help structure policy responses, both fairly and efficiently, in the face of scarcity, conflicting interests, and imperfect information. Especially in Europe, George Dellis's important book ought to help frame the debate over the functional role of law.' -- Susan Rose-Ackerman, Yale Law School, US'A crystal clear explanation of how economic analysis can be applied to public law. And a brilliant demonstration of what it can contribute to the analysis of public law, in spite of the epistemological and even philosophical differences that separate economics from public law theory in their premises. A fascinating book, indispensable reading for anyone looking for an ''advanced'' approach to public law.' -- Jean-Bernard Auby, Emeritus Public Law Professor, Sciences Po Paris, FranceTable of ContentsContents: Preface 1. Public law and economics: a necessary encounter 2. What a lawyer needs to know about economics: a rational (?) eye on everything 3. Economic analysis of public law: to the Coase theorem and beyond 4. To be or not to be? A general economic theory for public 5. Principles and methods for increasing efficiency in public law 6. Games of public power: what economics teaches us about constitutions 7. Between freedom and paternalism: an economic analysis of fundamental rights and the limits of public intervention 8. Modernising the demos: institutional architecture and procedural mechanics in public law 9. Economic analysis and the resolution of public law disputes: the scales, the sword and the blindfold of justice 10. The ascent of a new and efficient public law Bibliography Index

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Book SynopsisThe Consumer Welfare Hypothesis in Law and Economics is a compelling account of market relations with firm roots in economic theory and legal practice. This incisive book challenges the mainstream view that allocative efficiency is about total welfare maximisation. Instead, it argues for the consumer welfare hypothesis, in which allocating resources efficiently means maximising consumer welfare, and demonstrates that legal structures such as antitrust and consumer law are in reality designed and practised with this goal in mind.Using this paradigm, Fabrizio Esposito overcomes the opposition between efficiency and distribution and provides a firmer basis for debates about the foundations of contract law, antitrust law and consumer law, particularly in the European Union. The outcome is a bilateral view of the connection between the law and the economy and a rich research agenda to further understanding of the legal-economic nexus.Scholars and students of law and economics, as well as contract, consumer and antitrust and competition law will find this book a thought-provoking study. Its innovative yet straightforward conceptual framework will also be of interest to practitioners, policymakers and stakeholders in these fields.Trade Review‘The Consumer Welfare Hypothesis is the most reasonable one because we do not like the inefficiency of monopoly and its redistributive effects. I believe that scholars interested in the institutional interaction between law and markets should read this important book.’ -- Ugo Pagano, University of Siena, Italy‘This book is a major achievement, based on a deep knowledge and understanding of both legal and economic theory, and a keen appreciation of the methodological challenges of interdisciplinary studies. The analysis is multi-layered and complex, but always presented attractively. The claims being advanced will be challenging for law and economics scholarship.’ -- Simon Deakin, University of Cambridge, UK‘This much needed book explores how consumer welfare ought to be the main beacon both lawyers and economists use when assessing some potentially unfair trading behaviours. By focusing on this economic concept, it is possible to influence the development of consumer law and arrive at a more protective environment for consumers.’ -- Christine Riefa, University of Reading, UK‘This original work offers a distinctive contribution to several strands of literature and methodological debates including EU consumer law, EU competition law, Law and economics and Quantitative study of jurisprudence. I am convinced that this will be an important and often cited book.’ -- Anne-Lise Sibony, UCLouvain School of Law, Belgium‘I have not often seen such an original, at the same time practically important and very concise and stringent work. I could not imagine one part in this book that should be deleted or that is less important. At the same time, I could not imagine a part that I would still want to see. It is an outstanding addition to the literature on law and economics.’ -- Stefan Grundmann, Humboldt Universität, Germany and European University Institute, ItalyTable of ContentsContents: Introducing The Consumer Welfare Hypothesis 1. Canvassing a realistic cathedral with efficiency amongst its pillars PART I ALLOCATIVE EFFICIENCY CAN BE ABOUT CONSUMER WELFARE 2. A triangle is not a crown 3. The giants before us PART II ALLOCATIVE EFFICIENCY IS ABOUT CONSUMER WELFARE IN EU ANTITRUST AND CONSUMER LAW 4. How to search for allocative efficiency in law 5. Allocative efficiency in EU antitrust law 6. Allocative efficiency in EU consumer law Conclusions on The Consumer Welfare Hypothesis Legislation and cases Bibliography Index

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Book SynopsisSituating legal ethics in relation to classical sociology of law themes, this astute Research Handbook investigates ethics as a contested set of professional rules designed to protect clients and serve the public, revealing how they operate in action to shape lawyersâ relation to state and market power.

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Book SynopsisCritical theory encapsulates the many connections between theory and praxis. This Research Handbook addresses the broad range of these connections in relation to legal thought. Featuring contributions from leading scholars of law and critical theory, the Handbook confronts the logic of the institutional with its specific challenges right across the broad field of legal thought. The Research Handbook initially addresses the question of definition, tracking the origins and development of critical legal theory along its European and North American trajectories. Thematic connections are made between the development of legal theory and other currents of critical thought including feminism, Marxism, critical race theory, varieties of postmodernism, as well as the various 'turns' (ethical, aesthetic, political) of critical legal theory. Finally, particular legal disciplines are examined, including labour, criminal and intellectual property law, exploring what critical approaches reveal about them with the clear focus on opportunities for social transformation. This comprehensive and forward-looking Research Handbook will be of great interest to adherents of critical legal theory and scholars of jurisprudence more widely, as it provides a valuable analysis of the latest research and thinking in this dynamic field.Trade Review'This is a brilliant collection! The Handbook's editors have succeeded in making critical legal theory - in all its multifarious, subversive complexity - both accessible and compelling. Anyone hoping to come to terms with the sheer range of critical discourse that the law has inspired, or wishing to plunge headlong into the depths of a particular critical tradition, will find just what they need in this fascinating volume.' --David Garland, New York University, USTable of ContentsContents: Preface PART I 1. Critical theory and the law: reflections on origins, trajectories and conjunctures Emilios Christodoulidis 2. Critical legal realism in a nutshell Dennis M. Davis and Karl Klare PART II 3. Critical legal feminisms Rosemary Hunter 4. Critical race theory Mathias Möschel 5. Queer in the law: critique and postcritique Mariano Croce 6. Marxism and the political economy of law Emilios Christodoulidis and Marco Goldoni 7. Critical theory of the state Bob Jessop 8. Law and the public/private distinction Scott Veitch 9. Rhetoric, semiotics, synaesthetics Peter Goodrich 10. Law and deconstruction Johan van der Walt 11. The ethical turn in critical legal thought Louis E. Wolcher 12. Law is a stage: from aesthetics to affective aestheses Andreas Philippopoulos-Mihalopoulos 13. The responsibilities of the critic: law, politics and the Critical Legal Conference Costas Douzinas 14. Law in the mirror of critique: a report to an academy Kyle McGee PART III 15. Property law Paddy Ireland 16. Ideology and argument construction in contract law Richard Michael Fischl 17. Critical copyright law and the politics of “IP” Carys J. Craig 18. A different kind of ‘end of history’ for corporate law Lilian Moncrieff 19. Critical labour law: then and now Ruth Dukes 20. Social rights Fernando Atria and Constanza Salgado 21. Between persecution and reconciliation: criminal justice, legal form and human emancipation Craig Reeves, Alan Norrie and Henrique Carvalho 22. Facticity as validity: the misplaced revolutionary praxis of European law Michelle Everson and Christian Joerges 23. Critical law and development Fiona Macmillan 24. International economic law’s wreckage: depoliticization, inequality, precarity Nicolás M. Perrone and David Schneiderman 25. Can transnational law be critical? Reflections on a contested idea, field and method Peer Zumbansen 26. Critical legal theory and international law Bill Bowring 27. Nihilists, pragmatists and peasants: a dispatch on contradiction in international human rights law Margot E. Salomon Index

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Book SynopsisThis insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.Having depicted a legal landscape that includes legal rules and principles, regulatory frameworks, technical measures and technological governance, this thought-provoking book presents further exercises in rethinking. These exercises confront communities with a fundamental question about how they are to be governed—by humans using rules or by technical measures and technological management? Chapters rethink the traditional arguments relating to legality, the rule of law, legitimacy, regulatory practice, dispute resolution, crime and control, and authority and respect for law. Examining the role of lawyers and law schools in an age of governance by smart technologies, Rethinking Law, Regulation, and Technology will be a key resource for students and scholars of law and technology, digital innovation and regulation and the law.Trade Review‘Any lawyer remotely interested in technology today will find much food for thought in this pioneering text by a leading legal technologist. While the future is always unpredictable, this provides no excuse for forging ahead blindfolded. Professor Brownsword’s careful, reflective study on how law, regulation, and technology may interrelate (both presently and potentially) presents us with the stones by which we can feel our way across the seemingly surging technological river.’ -- Kelvin Low, National University of Singapore‘It is uncommon for a new academic work to cause the reader to stop and re-evaluate their understanding of the subject. This book does. Brownsword ask us to rethink the relationships between law, regulation, and technology and evaluates the role each plays in the modern complex legal-technology-regulatory environment. Brownsword has been a powerful and leading voice in this field for years and this book is the culmination of his work in the field. It is a genuine must read.’ -- Andrew Murray, London School of Economics and Political Science, UK‘This book extends Professor Brownsword’s deep thinking on the implications of the use of technology in governance, or “Law 3.0”, asking important questions about the authority of computer code and the legitimacy of regulating humans through machines. Not only is it of interest to legal theorists and scholars of law and technology, it asks important questions about the future of law and legal education in a world where rules can be baked into systems.’ -- Lyria Bennett Moses, UNSW Sydney, Australia‘Roger Brownsword is one of the most salient authors in the domain of law of technology. In his elegant and incisive prose, he shares an in-depth understanding of how we may come to lose legality, legitimacy and the rule of law. In this new work he addresses the difficult questions around law’s computability. What if computing systems provide more accurate, just and legitimate legal decisions than human lawyers could possibly do? And even if they cannot, Brownsword explains in crucial detail why human imperfection is not a bug but a feature.’ -- Mireille Hildebrandt, Vrije Universiteit Brussel, Belgium and Radboud University, the NetherlandsTable of ContentsContents: Preface 1. Introduction to Rethinking Law, Regulation, and Technology PART I RETHINKING LAW, REGULATION, AND TECHNOLOGY 2. Rethinking law, rethinking regulation, and rethinking technology 3. The new landscape of law, regulation, and governance PART II RETHINKING LEGALITY, THE RULE OF LAW, AND LEGITIMACY 4. Rethinking legality 5. Rethinking the rule of law 6. Rethinking legitimacy PART III RETHINKING LAW AND REGULATION IN PRACTICE—LAWTECH, REGTECH, AND TECHNOLOGICAL MANAGEMENT 7. Rethinking legal and regulatory practice and the provision of legal services 8 Rethinking disputes and dispute resolution 9. Rethinking crime, control, and channelling PART IV RETHINKING LEGAL AND REGULATORY INSTITUTIONS 10. Rethinking national legal and regulatory institutions 11. Rethinking international legal and regulatory institutions PART V RETHINKING THE INSTITUTION OF LAW, AUTHORITY, AND RESPECT 12. Rethinking the authority of law 13. Rethinking respect for law PART VI RETHINKING THE LAW SCHOOL 14. Teaching law 15. Researching law 16. Concluding remarks Index

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Book SynopsisMaking a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.Chapters explore how methodological choices impact the questions legal scholars ask, the answers they seek, the audiences for and to whom they speak, and ultimately their understanding of the legal and the social world. Leading contributors uncover the framing discourses, institutional inertias, and political pressures that shape research questions, while assessing the effects of importing social science methods into legal research, and how audiences of legal research and education shape our understanding of law.Concluding with a reflection on the continued, if qualified, relevance of formal doctrinal methods for European legal research, this thought-provoking book will be a key resource for students and scholars of law and politics, research methods and European law. Trade Review‘This book illustrates that the European methodological strife is in full swing, that the stakes are as high as we secretly suspected, and that everyone debates with their fingers crossed. If there will be a happy ending to it, this will be largely due to the sincere effort of the editors and the contributors.’ -- Urska Sadl, European University Institute, Italy‘This thrilling and timely book digs deep into the current crises of European legal research—its methods, aims, and effects. Striving for greater self-awareness and offering a variety of perspectives on legal thought (philosophy, pedagogy, politics, and more), the chapters address the crucial questions: Who or what is legal research for? What do its conventional iterations accomplish (and not)? Through what venues of critical self-inquiry might legal research open up more creative lines of intellectual and political advent? Focused throughout on the politics of legal research, the chapters are intellectually scrupulous, methodologically astute, and invariably insightful.’ -- Pierre Schlag, University of Colorado, US‘Too often European legal scholars portray methodological questions as neutral, objective, and apolitical. The Politics of European Legal Research instead shows that methodological choices are inseparable from battles within legal academia around prestige, ideology, and power.’ -- Fernanda G. Nicola, Washington College of Law, American University, USTable of ContentsContents: 1 Introduction to The Politics of European Legal Research 1 Marija Bartl, Pola Cebulak and Jessica C. Lawrence PART I THE POLITICS OF QUESTIONS 2 Governmentality as reflexive method: excavating the politics of legal research 15 Jessica C. Lawrence 3 On politics and feminist legal method in legal academia 31 Lyn K.L. Tjon Soei Len 4 The politics of method in the field of labour law 45 Ruth Dukes 5 Boundary-work and dynamics of exclusion by law: international investment law as a case study 60 Alessandra Arcuri PART II THE POLITICS OF ANSWERS 6 Statistics as if legality mattered: the two-front politics of empirical legal studies 78 Tommaso Pavone and Juan Mayoral 7 Sociological institutionalism as a lens to study judicialization: a bridge between legal scholarship and political science 94 Julien Bois and Mark Dawson 8 Politics of coding: on systematic content analysis of legal text 109 Or Brook 9 Taming law: the risks of making doctrinal analysis the servant of empirical Research 124 Gareth Davies PART III THE POLITICS OF AUDIENCES 10 The politics of interdisciplinarity in law 140 Irina Domurath 11 The politics of legal education 159 Marija Bartl and Candida Leone 12 Comparative administrative law in the EU: the integration function and its limits 177 Joana Mendes PART IV THE POLITICS OF THE CONCEPT OF LAW 13 A timid defence of legal formalism 192 Christina Eckes 14 How to study worlds: or why one should (not) care about methodology 208 Poul F. Kjaer 15 The measuring of the law through EU politics 224 Hans-W. Micklitz 16 Telos of a method 240 Siniša Rodin 17 Conclusion: an emergent alliance for ‘critical doctrine’ 255 Marija Bartl, Pola Cebulak and Jessica C. Lawrence Index

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Book SynopsisIn this cutting-edge book, Alexander Orakhelashvili addresses the doctrine of causation, examining its suitability to influence, or contribute to, the process of responsibility of State and non-State actors in international law. In doing so, the book considers the record so far and places the international legal system’s practical experience within its normative context.Split into four chapters, the book begins by examining the workings of causation across various national legal systems, including the common law and the civil law systems. The central second chapter considers the doctrine of causation within the structure of the law of State responsibility for internationally wrongful acts, focusing mainly on the ways in which causation is both adopted and bounded within the international legal system. The next chapter deals with the practice of international courts and tribunals relating to causation, including the International Court of Justice and the European Court of Human Rights, and the final chapter offers some critique of secondary literature on causation and related issues arising in national and international law.Deeply grounded in evidence, illuminating, comprehensive and timely, Causation in International Law will be key reading for academics, postgraduate students and practising lawyers in the areas of public international law and legal theory.Trade Review‘Alexander Orakhelashvili demonstrates once again his flair and talent for drawing important notions of international law out of doctrinal darkness, mystery or oblivion. He conducts the investigation on causation with his distinctive analytical style which combines comprehensiveness, thoroughness, description and a progressive spirit. The result is,as usual, a must read.’ -- Robert Kolb, University of Geneva, SwitzerlandTable of ContentsContents: Introduction 1. Causation in national legal systems 2. Causation and the structure of the law of State responsibility 3. Causation in judicial and State practice 4. A critique of some theoretical approaches relevant to causation 5. Conclusion Index

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Book SynopsisThis thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of the law and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.Beginning with an introduction from the editors proposing a new account of the meaning of objectivity, the book is then divided into three broad themes illuminated by this account. Chapters first address a range of problems linked to the relationship between objectivity and jurisprudence, before turning in the second part to an analysis of the functions of objectivity in legal interpretation. The final part then deals with the function of objectivity in practical reasoning.Offering a spectrum of scholarly insights within a coherent intellectual framework, this book will be a crucial read for scholars and graduate students of legal philosophy and legal theory. Its discussion of objectivity as it relates to legal practice and practical reasoning will also be of interest to practitioners such as judges, arbitrators and lawyers.Trade Review‘An intriguing book with contributions from a diverse group of legal philosophers. A worthy addition to the literature on objectivity.’ -- Dennis M. Patterson, Rutgers Law School, US and University of Surrey School of Law, UKTable of ContentsContents: List of contributors vii 1 Introduction: The meanings of ‛objectivity’ 1 Gonzalo Villa-Rosas and Jorge Luis Fabra-Zamora PART I OBJECTIVITY AND JURISPRUDENCE 2 Objectivity of law and objectivity about law 31 Jaap Hage 3 Is legal cognitivism a case of bullshit? 48 Héctor A Morales-Zúñiga 4 Imputation as a supervenience in the General Theory of Norms 71 Monika Zalewska 5 Social science and jurisprudence through Weberian and Hartian eyes: Suggesting an explanation for a puzzle 86 Donald Bello Hutt 6 Objectivity of legal knowledge: The challenge of scepticism 105 Matti Ilmari Niemi PART II OBJECTIVITY AND LEGAL INTERPRETATION 7 From Hart to Dworkin via Brandom: Indeterminacy, interpretation, and objectivity 127 Leonardo Marchettoni 8 Can legal texts have objective meanings? 145 Maija Aalto-Heinilä 9 Big data linguistic analysis of legal texts – objectivity debunked? 167 Caroline Laske 10 Rethinking the legal effect of interpretive canons 193 Triantafyllos Gkouvas PART III OBJECTIVITY AND PRACTICAL REASONING 11 The problem of normative objectivity 215 Jan-Reinard Sieckmann 12 Why do legal philosophers (perhaps correctly) insist on moral objectivity while dismissing metaethical inquiry? 232 Thomas Bustamante 13 Moral objectivity without robust realism 252 J. J. Moreso 14 Virtue and objectivity in legal reasoning 270 Amalia Amaya Index

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Book SynopsisThis Research Handbook presents thirty-three original contributions from leading experts around the globe on all aspects of legal argumentation. Each chapter combines theoretical and practical perspectives to introduce and develop its topic.This title contains one or more Open Access chapters.

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Book SynopsisInternational law is an underdeveloped branch of legal research: researchers still disagree over the proper understanding of several of its most fundamental issues, and genuinely so. This book helps to explain why. It brings clarity that will no doubt make international legal research more rational, which in turn vouches for a more productive legal discourse.The author, together with invited contributors, builds an argument around theories of epistemological justification. As chapters contend, in international legal discourse, the construction of knowledge about international law presupposes some notion of an international legal system. International legal discourse accommodates several such notions. Each notion derives from a different conception of law. Thus, depending on whether a researcher endorses a legal positivist’s, a legal idealist’s or a legal realist’s conception of law, he or she will be constructing knowledge of international law under different epistemic conditions. The book sheds considerable light on these different conditions, with several chapters exploring how the different notions of an international legal system play out in the context of a series of concrete themes of legal practice. In doing so, the book helps to build a bridge between the practical and more philosophical aspects of this topic.This book will be an ideal companion for scholars of international law. Lawyers and students interested in legal theory and philosophy will also benefit from this thought-provoking study.Trade Review‘Professor Linderfalk’s monograph is a fascinating review of international law’s basic concepts through the competing prisms of various theories, such as idealism, realism and positivism. Anyone interested in the dynamics of international legal reasoning in the context of current theoretical diversity in this academic field has to familiarise themselves with this work.’ -- Alexander Orakhelashvili, University of Birmingham, UKTable of ContentsContents: 1. Introduction to International Law as a System of Knowledge 2. The notion of an international legal system 3. The creation and further development of international law 4. The interaction of rules and principles 5. The individuation of norms 6. International legal hierarchy 7. The conflict of rules 8. Special regimes and the significance of disciplinary boundaries 9. Interpretation in international law 10. Intertemporal law 11. International and domestic law Leena Grover 12. International legal personality Astrid Kjeldgaard-Pedersen 13. International adjudication and jurisdictional conflict Eric De Brabandere 14. Legality and legitimacy in international law Eduardo Gill Pedro 15. The rationality of international legal research List of sources Index

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Book SynopsisIn this path-breaking book, Richard Zerbe introduces a new way to think about the concept of economic efficiency that is both consistent with its historical derivation and more useful than concepts currently used. He establishes an expanded version of Kaldor-Hicks efficiency as an axiomatic system that performs the following tasks: the new approach obviates certain technical and ethical criticisms that have been made of economic efficiency; it answers critics of efficiency; it allows an expanded range for efficiency analysis; it establishes the conditions under which economists can reasonably say that some state of the world is inefficient. He then applies the new analysis to a number of hard and fascinating cases, including the economics of duelling, cannibalism and rape. He develops a new theory of common law efficiency and indicates the circumstances under which the common law will be inefficient.The book will be of great interest to scholars, students, and practitioners interested in the concept of economic efficiency and how it should be applied to law and economics.Trade Review'Economic Efficiency in Law and Economics is an interesting and worthwhile book.' -- Megan Richardson, Economic Record'Zerbe's new book is high-powered and potentially important.' -- Bill Goodman, Monthly Labor ReviewTable of ContentsContents: 1. History of the Concept of Economic Efficiency 2. The Foundation: A New Measure for Economic Efficiency 3. The Nature of Economic Efficiency 4. The Nature of Inefficiency 5. Rights and the Relationship of Law to Efficiency 6. The Problem of Missing Values in Normative Law and Economic Analysis 7. The Failure of Market Failure 8. Of Distributive Justice and Economic Efficiency: An Integrated Theory of the Common Law 9. The Efficiency of the Common Law: An Economic Analysis of Dueling, Cannibalism, the Gold Rush, Racism, and Antitrust Law 10. A Recapitulation References Index

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Book SynopsisThis book argues that the Internet revolution should exert a far more significant influence on economic thinking and on the perception of law. The authors acknowledge that the economic analysis of law provides a potentially powerful framework for evaluating regulatory approaches to the Internet. However, they question the capacity of traditional law and economics models to define the scope of legal intervention, both in cyberspace and in other more traditional markets which have also been influenced by the recent technological revolution.The book examines the conventional application of law and economics, and contends that the new reality of cyberspace transforms the basic theoretical tenets of this approach and requires fresh conceptual thinking. It challenges fundamental concepts such as the notion of work as linked to the workplace, the notion of community as linked to geographical space, the sources of law and their traditional connection with the state, the belief that proxies and representatives are indispensable for collective action and public decision-making processes, and the role of technology and its relationship with the law. It covers the analysis of both economic and non-economic markets, and includes a thorough examination of legislation, case law and the academic literature relating to cyberspace. The authors conclude that there is pressing need for re-evaluating the analytical tools used to study the information environment, and propose an innovative approach for the role of technology within the law and economics framework.This book represents a groundbreaking attempt to critically analyze the suitability of traditional law and economics for the new digital environment. Scholars and students working in the field of law and economics, and lawyers interested in technology, intellectual property, cyberlaw and governance will find this a stimulating and thought-provoking volume.Trade Review'[This book] provides an excellent overview for anyone interested in this topic. Complex concepts are defined with great precision, and discussed with enlightening clarity. The arguments are well-built. The style is inviting.' -- Boris Rotenberg, World Trade Review'This book is not only the best kind of law and economics, but it is the best kind of cyberspace law and economics. By framing the economic analysis around market failures, the authors demonstrate both the power and limits of economic analysis. And by applying this method to questions about the regulation of cyberspace, they provide the most illuminating analysis of this new space of social behavior. Beautifully and directly written, this book is a must for any student of law and economics, and for any student of the 21st century.' -- Lawrence Lessig, Stanford Law School, USTable of ContentsContents: Preface Part I: Setting the Grounds 1. Introduction 2. Cyberspace in Context Part II: Cyberspace as a Market and its Failures 3. Introduction to Part Two 4. Monopolies 5. Public Goods 6. Imperfect Information 7. Externalities 8. Transaction Costs and the Law in Cyberspace Part III: Cyberspace and the Economic Theory of the State 8. Preliminary Thoughts About Neo-Institutional Law and Economics and Cyberspace 9. The Effects of Cyberspace of the Economic Theory of the State References Index

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Book SynopsisThis authoritative and comprehensive reference work introduces the reader to the major concepts and leading contributors in the field of law and economics.The Companion features accessible, informative and provocative entries on all the significant areas and breaks new ground by bringing together widely dispersed but theoretically congruent ideas for the first time. An important feature of the book is the inclusion of 26 scholarly biographies of the founding fathers of law and economics.As a major source of reference on law and economics, the Companion will be welcomed by both students and teachers in law and economics, and will also have relevance for industrial economists and historians of economic thought.Trade Review'Backhaus's book is a good companion.'Table of ContentsContents: Introduction Part I: Basics of the Law and Economics Approach Part II: Private Law and Economics Part III: Public Law and Economics Part IV: Labor Law and Economics Part V: Regulation, Taxation and Public Enterprise Part VI: Dispute Resolution Part VII: Different Sources of the Law Part VIII: Towards an Ideal Economic Analysis of a Legal Problem Part IX: Classical Authors in Law and Economics Index

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Book SynopsisThe use of economics to study law was pioneered by the Austrian School of Economics. The nineteenth century founders of the school believed that economics could contribute to understanding the spontaneous development of common law as well as the nature of legal rights. For this insightful research review Mario Rizzo has selected key papers from today's vibrant Austrian School, focusing on the study of property, market-chosen law, slippery-slope analysis, entrepreneurship, institutions, decentralized social knowledge, and the evolution of legal institutions.This title represents the cutting-edge Austrian contributions to economics and will be an essential reference source for both students and researchers. Table of ContentsContents: Volume I Acknowledgements Introduction Mario J. Rizzo PART I GENERAL SURVEYS OF AUSTRIAN LAW AND ECONOMICS 1. Gregory Scott Crespi (1998), ‘Exploring the Complicationist Gambit: An Austrian Approach to the Economic Analysis of Law’ 2. Linda A. Schwartzstein (1994), ‘An Austrian Economic View of Legal Process’ 3. Christopher T. Wonnell (1986), ‘Contract Law and the Austrian School of Economics’ PART II METHODOLOGICAL ISSUES 4. Elisabeth Krecké and Carine Krecké (2007), ‘The Anti-Foundational Dilemma: Normative Implications for the Economic Analysis of Law’ 5. Elisabeth Krecké (2004), ‘Economic Analysis and Legal Pragmatism’ 6. Douglas Glen Whitman (2004), ‘Group Selection and Methodological Individualism: Compatible and Complementary’ 7. Mario J. Rizzo (1999), ‘Which Kind of Legal Order? Logical Coherence and Praxeological Coherence’ PART III PROPERTY 8. Ludwig von Mises ([1936] 1981), ‘Ownership’ 9. Jörg Guido Hülsmann (2004), ‘The A Priori Foundations of Property Economics’ 10. William Barnett II, Walter Block and Gene Callahan (2005), ‘The Paradox of Coase as a Defender of Free Markets’ 11. Israel M. Kirzner (1979), ‘Entrepreneurship, Entitlement, and Economic Justice’ PART IV MENGER, HAYEK AND COMMON LAW 12. Carl Menger ([1963] 1985), ‘The “Organic” Origin of Law and the Exact Understanding Thereof’ 13. A.I. Ogus (1989), ‘Law and Spontaneous Order: Hayek’s Contribution to Legal Theory’ 14. Todd J. Zywicki and Anthony B. Sanders (2008), ‘Posner, Hayek, and the Economic Analysis of Law’ 15. John Hasnas (2005), ‘Hayek, the Common Law, and Fluid Drive’ 16. Scott A. Beaulier, Peter J. Boettke and Christopher J. Coyne (2005), ‘Knowledge, Economics, and Coordination: Understanding Hayek’s Legal Theory’ PART V EVOLUTION AND LAW 17. Douglas Glen Whitman (1998), ‘Hayek contra Pangloss on Evolutionary Systems’ 18. Suri Ratnapala (1993), ‘The Trident Case and the Evolutionary Theory of F.A. Hayek’ 19. Suri Ratnapala (2001), ‘Eighteenth-Century Evolutionary Thought and its Relevance in the Age of Legislation’ 20. Bruce L. Benson (1989), ‘The Spontaneous Evolution of Commercial Law’ 21. John Hasnas (2005), ‘Toward a Theory of Empirical Natural Rights’ 22. Todd J. Zywicki (2003), ‘The Rise and Fall of Efficiency in the Common Law: A Supply-Side Analysis’ 23. Douglas Glen Whitman (2000), ‘Evolution of the Common Law and the Emergence of Compromise’ Volume II Acknowledgements An introduction by the editors to both volumes appears in Volume I PART I COMMON LAW, BALANCING, AND EFFICIENCY 1. Mario J. Rizzo (1980), ‘Law Amid Flux: The Economics of Negligence and Strict Liability in Tort’ 2. Mario J. Rizzo (1980), ‘The Mirage of Efficiency’ 3. James M. Buchanan (1969), ‘Private and Social Cost’ 4. Peter Lewin (1982), ‘Pollution Externalities: Social Cost and Strict Liability’ 5. Roy E. Cordato (1996), ‘Time Passage and the Economics of Coming to the Nuisance: Reassessing the Coasean Perspective’ 6. Mario J. Rizzo (1985), ‘Rules Versus Cost-Benefit Analysis in the Common Law’ PART II RULES 7. Richard A. Epstein (2006), ‘Intuition, Custom, and Protocol: How to Make Sound Decisions with Limited Knowledge’ 8. Douglas Glen Whitman (2009), ‘The Rules of Abstraction’ 9. Todd J. Zywicki (1998), ‘Epstein and Polanyi on Simple Rules, Complex Systems, and Decentralization’ PART III SLIPPERY SLOPE ANALYSIS 10. Mario J. Rizzo and Douglas Glen Whitman (2003), ‘The Camel’s Nose is in the Tent: Rules, Theories, and Slippery Slopes’ 11. Douglas Glen Whitman and Mario J. Rizzo (2007), ‘Paternalist Slopes’ PART IV INSTITUTIONS 12. L.M. Lachmann (1971), ‘On Institutions’ 13. Karol Boudreaux and Paul Dragos Aligica (2007), ‘The Evolutionary Path’ 14. Karol Boudreaux and Paul Dragos Aligica (2007), ‘An Intellectual Toolbox for the Creation of Property Rights’ 15. David A. Harper (2003), ‘Institutions I: Rule of Law, Property and Contract’ 16. David A. Harper (2003), ‘Institutions II: Money, Political and Legal Decentralisation and Economic Freedom’ 17. Peter J. Boettke, Christopher J. Coyne and Peter T. Leeson (2007), ‘Saving Government Failure Theory from Itself: Recasting Political Economy from an Austrian Perspective’ PART V MARKET CHOSEN LAW 18. Edward Stringham (1999), ‘Market Chosen Law’ 19. Edward Stringham (2003), ‘The Extralegal Development of Securities Trading in Seventeenth-Century Amsterdam’ 20. Edward Stringham (2002), ‘The Emergence of the London Stock Exchange as a Self-Policing Club’ 21. Anthony Ogus (1999), ‘Competition Between National Legal Systems: A Contribution of Economic Analysis to Comparative Law’ 22. Peter T. Leeson (2007), ‘Trading with Bandits’ 23. Peter T. Leeson (2007), ‘An-arrgh-chy: The Law and Economics of Pirate Organization’ PART VI MINIMIZING THE STATE 24. John Hasnas (2003), ‘Reflections on the Minimal State’ 25. Peter T. Leeson (2008), ‘Coordination Without Command: Stretching the Scope of Spontaneous Order’ 26. Peter T. Leeson (2006), ‘Efficient Anarchy’ 27. Peter T. Leeson (2008), ‘How Important is State Enforcement for Trade?’ 28. Walter Block and Thomas J. DiLorenzo (2000), ‘Is Voluntary Government Possible? A Critique of Constitutional Economics’ 29. Randall G. Holcombe (2004), ‘Government: Unnecessary but Inevitable’ PART VII DISPERSED KNOWLEDGE AND THE LIMITS OF LAW 30. Mario J. Rizzo (2005), ‘The Problem of Moral Dirigisme: A New Argument Against Moralistic Legislation’

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Book SynopsisHow are residents of South Africa's townships responding to socio-economic inequality and a pervasive sense that the country's democratic transition has not delivered on its constitutional promises of social justice?Based on extensive fieldwork, this book challenges beliefs that the agency of township residents is limited to waiting for handouts or demanding delivery from the state, showing how they are instead assisting themselves by taking advantage of the opportunities, menyetla, available. In the kasi, or urban townships, where almost half of the urban population lives, there is limited state-enforced order; while the lex constitutional may be the law of the land, the lex lokasi governs day-to-day life in the township. The book opens with a description of life in townships and the interconnected crises facing the country before examining commonly practiced township menyetla to illustrate how the lex lokasi operates: stealing electricity, informal charges to access the Social Relief of Distress grant, fare evasion on the Metrorail, the illicit sale of alcohol during COVID-19 prohibition, medical aid scams, and looting. Exploring how this looting from below protects those looting from above, it provides a different perspective to the view that state capture is the primary cause of the country's current entropic trajectory and that the application of the much-vaunted constitution can bring South Africa back on track.

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Book SynopsisWhen law and economics first became an important part of the legal academy, it was a relatively straightforward application of microeconomic theory to legal issues. However, in the past 40 years the field has expanded its toolkit dramatically. This latest volume in the acclaimed Encyclopedia of Law and Economics maps the methodological territory in law and economics with a series of entries by distinguished scholars.These entries introduce and evaluate the law and economics mechanisms, including: the roles of microeconomic theory, public and social choice, history, complexity theory, philosophy, comparative law studies, behavioral economics and empirical techniques. Each one introduces a methodology, demonstrates its importance to the field of law and economics and assists the reader in navigating the leading literature on that topic.This volume will be an essential reference for all those who research or teach law and economics, law and society or empirical methods in law.Contributors include: N. Garoupa, D. Klerman, M.J. McGinnis, T.J. Miceli, M. Pargendler, D. Roithmayr, H. Spector, M.L. Stearns, T.S. UlenTrade Review'Thomas S. Ulen has brought together a compendium of outstanding essays in Methodologies of Law and Economics that will appeal to both students of and established scholars in law and economics as well as those who are interested in exploring the development of an intriguing academic discipline that has grown and evolved over the last 40 years. While outsiders to the field might perceive law and economics to be a monolithic discipline, Ulen has succeeded in illustrating its broad array of approaches - theoretical, empirical, historical - all of which can be influenced by insights beyond economics from psychology, sociology, philosophy, political science and more. I was delighted to read and learn from this illuminating collection of essays that could only be synthesized by someone with Ulen's vast depth of knowledge of the field and capacious intellectual scope.' --John Donohue, Stanford Law School, US'Law and economics has been described as a ''death star'' gobbling up the insights of allied social sciences. In this lively collection, Tom Ulen and a diverse team of scholars cast the assimilationist breadth of law and economics methods in a more positive light - showing how there is not just a law and economics of history and philosophy, but a law and economics of everything from biology and neuroscience to feminism and evolution.' --Ian Ayres, Yale Law School, US'This book provides an updated perspective on ''law and economics,'' emphasizing that the term now refers to a set of methodologies going beyond the conventionally economic, embracing the study of norms, behavioral and psychological factors, evolutionary mechanisms, and more. It begins with a useful overview authored by its editor, Professor Thomas Ulen, and I recommend it to those interested in the functional analysis of law.' --Steven Shavell, Harvard University, USTable of ContentsContents: 1. The Changing Methodologies of Law and Economics. Thomas S. Ulen 2. The Use of Economics for Understanding Law: One View of the Cathedral. Thomas J. Miceli 3. A Public Choice Perspective Maxwell L. Stearns 4. A Social Choice View of Law and Economics Maxwell L. Stearns and Megan J. McGinnis 5. Legal Philosophy and Law and Economics Horacio Spector 6. Economic Analysis of Legal History Dan Klerman 7. Evolutionary Dynamic Theory and Empirical Method Daria Roithmayr 8. A Law and Economics Perspective on Legal Families Nuno Garoupa and Mariana Pargendler 9. Behavioral Law and Economics Thomas S. Ulen 10. Empirical Law and Economics Thomas S. Ulen Index

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Book SynopsisThe law and economics movement came of age in the second half of the 20th century and had a profound effect on both the scholarship and practice of law. The specially commissioned essays in this book honor the pioneering contributions of those who created the foundation of the modern law and economics enterprise. The editors of the volume embrace a view of the field that is inclusive not only of a broad range of issues, but also of economic methods. Celebrated here as the founding pioneers of law and economics is a remarkably varied collection of scholars: applied and theoretical micro-economists, founders of public choice economics, and legal scholars and judges. They include: Ronald Coase, Aaron Director, George Stigler, Armen Alchian, Harold Demsetz, Benjamin Klein, James Buchanan, Gordon Tullock, Henry Manne, Richard Posner, Gary Becker, William Landes, Richard Epstein, Guido Calabresi, Frank Easterbrook, Daniel Fischel, Steven Shavell and A. Mitchell Polinsky. Contributors to the volume include other pioneers, former students and clerks, colleagues, and influential scholars in the field.Scholars and students working in the tradition of law and economics, as well as those in the fields of economics, law and public policy will find the book an essential reference for this important area of scholarship.Trade Review'. . . pure gems in each and every essay. . . Reading this book provides an intellectual framework for the history of thought in the field that until now it had sorely lacked.' -- Zagros Madjd-Sadjadi, American Review of Political EconomyTable of ContentsContents: Introduction 1. Ronald H. Coase Thomas W. Hazlett 2. Aaron Director Remembered Stephen M. Stigler 3. Aaron Director’s Influence on Antitrust Policy Sam Peltzman 4. George J. Stigler and his Contributions to Law and Economics Harold Demsetz 5. The Enduring Contributions of Armen Alchian Susan Woodward 6. Harold Demsetz Mark F. Grady 7. Benjamin Klein’s Contributions to Law and Economics Joshua D. Wright 8. Buchanan and Tullock on Law and Economics Robert D. Tollison 9. Henry Manne: Intellectual Entrepreneur Larry E. Ribstein 10. Gary Becker’s Contributions to Law and Economics John F. Pfaff 11. Pioneers of Law and Economics: William M. Landes and Richard A. Posner Thomas S. Ulen 12. Putting Law First: Richard Epstein’s Contribution to Law and Economics Andrew P. Morriss 13. Calabresi’s Influence of Law and Economics Keith N. Hylton 14. Easterbrook and Fischel Katherine V. Litvak 15. The Path Breaking Contributions of A. Mitchell Polinsky and Steven Shavell to Law and Economics Nuno Garoupa and Fernando Gómez-Pomar Index

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Book SynopsisThe law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.The author clarifies the concept of 'goodwill', and examines this concept in the context of the common law jurisdictions of Australia, Canada, England and Wales as well as of relevant case law under §43(a)(1)(A) of the US Lanham Act. The book analyses the application of the law of passing off within the multi-directional social exchanges that traders, consumers and commentators engage in, as well as challenges the current consumer search costs theory that underpins the law of passing off and trademark laws.Providing a fresh look at this ever-changing aspect of law, this book will be key reading for legal scholars and students for its examination of inconsistencies in current law. Legal practitioners will also find this an invaluable resource as it considers the diverse application of the law.Trade Review‘Covering complex and under-theorised subject matter, the strength of this work is in its in-depth treatment of a wide array of cases and propositions spanning the jurisdictions dealt with and its privileging of the consumer; as well as being innovative, its differentiated approach to substance and structure is also a mechanism for bringing the various strands together. Goodwill in Passing Off is likely to be of interest to IP legal academics and practitioners, particularly those engaging with trade marks, passing off and consumer rights, and to students and scholars of economics, advertising, communications and semiotics, both within the jurisdictions entertained in the work, and beyond.’ -- Louise Buckingham, Intellectual Property Forum‘This book explores an area of the law which is an important tool for regulating the market but has attracted less attention than it deserves. Ng presents an original argument that misrepresentation not goodwill should be central to the tort. The book is expansive, covering a number of jurisdictions and also the relationship of passing off to registered trademarks and other intellectual property rights. Overall, it presents a significant reconceptualization of the law of passing off.’ -- Jennifer Davis, University of Cambridge, UK‘Catherine Ng provides a clear elucidation and critique of a complex yet vital subject that lies at the heart of every passing off action. Both scholarly and practical, Goodwill in Passing Off weaves together a thorough analysis of historical and contemporary UK cases with comparative perspectives and a novel argument that reconceptualizes how we should think about goodwill in today’s world.’ -- Ilanah Fhima, University College London, UK’Catherine Ng makes a compelling argument for the rational reconstruction of passing off in the 21st century. The key move is to foreground a more relevant form of goodwill (source identification) as opposed to its historic form (the attractive force bringing in customers). Building on comparative law insights, she proposes a more tightly integrated tort. One that is organised around misrepresentation. One which unlocks the utility of passing off in an interconnected world, without extending as far as full-blown brand protection. This ambitious and thought-provoking book will be of considerable interest - as well as practical value - to anyone working in the field of trade marks.’ -- Dev Gangjee, University of Oxford, UKTable of ContentsContents: 1. Clarifying the law of passing off 2. Rationalizing the law of passing off 3. Branding in commercial and social settings 4. Applying the law of passing off 5. The trouble with protecting substantive goodwill 6. Applying the law of passing off without substantive goodwill 7. Conclusions Index

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Book SynopsisThis landmark collection of essays provides an overview of the essential theories and methods used in the study of law and economics. The editors' careful selection includes substantial contributions from other disciplines that shed new light on the assumptions, theories and methods that may enhance the understanding of human behavior. The first part presents papers discussing theories central to the foundations of law and economics. The second part offers papers describing a variety of methodologies designed to improve traditional economic models. This insightful volume is an essential reference source for law and economic scholars, whether they are delving into the field or determining the future direction of their research.Table of ContentsContents: Acknowledgements Introduction Robert D. Cooter and Francesco Parisi PART I FOUNDATIONS 1. Louis Kaplow and Steven Shavell (1999), ‘The Conflict Between Notions of Fairness and the Pareto Principle’ 2. Chris William Sanchirico (2000), ‘Taxes versus Legal Rules as Instruments for Equity: A More Equitable View’ 3. Colin Camerer, Samuel Issacharoff, George Loewenstein, Ted O'Donoghue and Matthew Rabin (2003), ‘Regulation for Conservatives: Behavioral Economics and the Case for “Asymmetric Paternalism”’ PART II METHODOLOGIES 4. Ian Ayres (1990), ‘Playing Games with the Law’ 5. Christine Jolls, Cass R. Sunstein and Richard Thaler (1998), ‘A Behavioral Approach to Law and Economics’ 6. Iris Bohnet, Bruno S. Frey and Steffen Huck (2001), ‘More Order with Less Law: On Contract Enforcement, Trust, and Crowding’ 7. Terrence Chorvat, Kevin McCabe and Vernon Smith (2005), ‘Law and Neuroeconomics’ 8. John J. Donohue and Justin Wolfers (2006), ‘Uses and Abuses of Empirical Evidence in the Death Penalty Debate’ PART III LAW AND SOCIAL NORMS 9. Robert Cooter (1996-1997), ‘Normative Failure Theory of Law’ 10. Richard H. McAdams (1997), ‘The Origin, Development and Regulation of Norms’ 11. Eric A. Posner (1998), ‘Symbols, Signals, and Social Norms in Politics and the Law’ 12. Robert C. Ellickson (2001), ‘The Market for Social Norms’ 13. Uri Gneezy and Aldo Rustichini (2000), ‘A Fine is a Price’ 14. Robert Cooter and Ariel Porat (2001), ‘Should Courts Deduct Non-Legal Sanctions from Damages?’ Name Index

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Book Synopsis'In order to use law to improve social welfare, scholars and policy makers need to be able to predict how people will respond to the legal change. To do so, they must understand when and how decisions are affects by systematic biases and heuristics, including how people respond to changes in either the legal or institutional environment. In this path-breaking volume, Professors Teitelbaum and Zeiler have assembled leading scholars from a variety of disciplines to enrich our understanding of human decision-making and analyze the implications of behavioral analysis for a wide range of legal issues, including antitrust, consumer finance, criminal law, torts, and property. This book will be enormously valuable for students, scholars and policy makers.'- Jennifer Arlen, New York University, School of Law, US The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive, and emotional forces. The field?s insights have important implications for law. This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law. It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward.The leading scholars of law, economics, and psychology featured in this Research Handbook use their insights to synthesize and contribute to the extant research at the intersection of behavioral economics and key areas of law, and to demonstrate methods for effective original research. With synthetic literature reviews and original research, conceptual overviews and critical perspectives, as well as topic-specific chapters, it provides a strong overview of this burgeoning field.Law and economics scholars, behavioral law scholars, and behavioral economists and psychologists dealing with law, judgement and decision-making will appreciate this Research Handbook?s dedication to applicable research, and judges, lawmakers, policy advocates and regulators will note its important practical implications for law and public policy.Contributors include: S. Agarwal, A. al-Nowaihi, B.W. Ambrose, J. Baron, M. Bos, G. Charness, T. Chorvat, G. DeAngelo, S. Dhami, B. Ho, P.H. Huang, D. Huffman, O.D. Jones, C.M. Landeo, B. Luppi, K. McCabe, G. Mitchell, F. Parisi, S. Payne Carter, P.M. Skiba, A. Stein, T. Wilkinson-Ryan, E. Xiao, K. ZeilerTrade Review'What does behavioral economics have on offer for the law? This Research Handbook forcefully cautions against the simplistic response: realism. For well-selected subfields of law, like antitrust, punishment or torts, it demonstrates the power of taking motivation and cognition seriously. But this requires mastering the emerging behavioral theory, and carefully gauging the facetted empirical evidence. The reader is guided towards the relevant literatures in economics and psychology, and learns how to read them. This Research Handbook will help lawyers make a most timely behavioral turn.' --Christoph Engel, Max Planck Institute for Research on Collective Goods, Germany'Behavioral law and economics is ascending. Teitelbaum and Zeiler, leaders in this emerging field, have put together an indispensable volume, including helpful literature reviews, new findings and critically important methodological discussions. These contributions are mandatory reading for researchers in the field and, more importantly, for policymakers that move, sometimes too quickly, to translate the research into law.' --Oren Bar-Gill, Harvard Law School, US'This breathtaking volume on behavioral law and economics testifies to the field's depth, breadth, and impact. Professors Teitlebaum and Zeiler have gathered a veritable ''who's who'' of leading thinkers and researchers who variously define, defend, extend, and critique the field. For the uninitiated, this volume provides a valuable introduction to behavioral law and economics; for scholars in the field, this is truly indispensable reading.' --Chris Guthrie, Vanderbilt Law School, USTable of ContentsContents: Introduction Joshua C. Teitelbaum and Kathryn Zeiler PART I Foundations 1. Conceptual Foundations: A Bird’s-Eye View Jonathan Baron and Tess Wilkinson-Ryan 2. Behavioral Probability Alex Stein PART II Antitrust and Consumer Finance 3. Exclusionary Vertical Restraints and Antitrust: Experimental Law and Economics Contributions Claudia M. Landeo 4. Balancing Act: New Evidence and a Discussion of the Theory on the Rationality and Behavioral Anomalies of Choice in Credit Markets Marieke Bos, Susan Payne Carter and Paige Marta Skiba 5. The Effect of Advertising on Home Equity Credit Choices Sumit Agarwal and Brent W. Ambrose PART III Crime and Punishment 6. Punishment, Social Norms, and Cooperation Erte Xiao 7. Prospect Theory, Crime and Punishment Sanjit Dhami and Ali al-Nowaihi PART IV Torts 8. Behavioral Models in Tort Law Barbara Luppi and Francesco Parisi 9. Law and Economics and Tort Litigation Institutions: Theory and Experiments Claudia M. Landeo PART V Happiness and Trust 10. Happiness 101 for Legal Scholars: Applying Happiness Research to Legal Policy, Ethics, Mindfulness, Negotiations, Legal Education, and Legal Practice Peter H. Huang 11. Trust and the Law Benjamin Ho and David Huffman PART VI Experiments and Neuroeconomics 12. Law and Economics in the Laboratory Gary Charness and Gregory DeAngelo 13. What Explains Observed Reluctance to Trade? A Comprehensive Literature Review Kathryn Zeiler 14. Incentives, Choices, and Strategic Behavior: A Neuroeconomic Perspective for the Law Terrence Chorvat and Kevin McCabe PART VII Cautions and Ways Forward 15. The Price of Abstraction Gregory Mitchell 16. Why Behavioral Economics Isn't Better, and How It Could Be Owen D. Jones Index

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Book SynopsisVirtual economies and financial crime are ever-growing, increasingly significant facets to banking, finance and anti-money laundering regulations on an international scale. In this pathbreaking and timely book, these two important issues are explored together for the first time in the same place. Clare Chambers-Jones examines the jurisprudential elements of cyber law in the context of virtual economic crime and explains how virtual economic crime can take place in virtual worlds. She looks at the multi-layered and interconnected issues association with the increasing trend of global and virtual banking via the 'Second Life' MMOG (Massively Multiplayer Online Game). Through this fascinating case study, the author illustrates how virtual worlds have created a second virtual economy which transgresses into the real, creating economic, political and social issues. Loopholes used by criminals to launder money through virtual worlds (given the lack of jurisdictional consensus on detection and prosecution) are also highlighted. The importance of providing legal clarity over jurisdictional matters in cyberspace is an increasing concern for policy makers and regulators, and this book provides a wealth of information on new aspects of cyber law and virtual economics. As such, it will prove essential reading for academics, students, researchers and policy makers across the fields of law generally, and more specifically, financial law and regulation, finance, money and banking, and economic crime.Table of ContentsContents: 1. Introduction 2. History of Second Life 3. Evolution of Virtual Economies 4. Money and Culture: Its History and Evolution. A Virtual Reality 5. A Real Crime in a Virtual World 6. Law and the Virtual World 7. Recommendations and Conclusion Bibliography Index

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