Description
Book SynopsisThis thorough and detailed book provides a comprehensive analysis of the various ways in which laws and rules are produced and lays the foundations for a systematic understanding of lawmaking as a production process.
Leading scholars and experts provide coverage and insight on key issues such as the optimal specificity and timing of legal intervention, the nature of expressive law, the production of customary law, and the effect of social norms and social stigma on legal compliance. The original essays shed new light on important issues concerning the institutional design of lawmaking through the lens of economic analysis and public choice theory, and together form an important reference tool.
This state-of-the-art resource forms part of the Encyclopedia of Law and Economics, and will appeal strongly to researchers and postgraduate students from both law and economics backgrounds.
Trade Review’The economic analysis of the production of legal rules has been so far spread over many legal books and articles focusing on other topics. This fascinating volume, edited by Francesco Parisi, is the first book dealing with the production of legal rules in a systemic and comprehensive way. A dream-team of scholars from both the United States and Europe, use economics tools to investigate legislation, regulation, judge-made law, social norms, customary law, and international law. Legislators, regulators, judges, economists, practicing and academic lawyers should not miss reading this book.’- Ariel Porat, Tel Aviv University, Israel
Table of ContentsContents: Introduction PART I: LEGISLATION AND REGULATION 1. Constitutional Design of Lawmaking Stefan Voigt 2. General Characteristics of Rules Louis Kaplow 3. Rules versus Standards Barbara Luppi and Francesco Parisi 4. The Optimal Timing of Lawmaking Nita Ghei 5. Production of Legal Rules by Agencies and Bureaucracies Georg von Wangenheim PART II: JUDGE-MADE LAW 6. Judge-made Law Paul H. Rubin 7. Common Law and Economic Efficiency Todd J. Zywicki and Edward Peter Stringham 8. Bias in the Common Law Jef De Mot 9. Legal Traditions and Economic Performance: Theory and Evidence Carmine Guerriero PART III: SOCIAL NORMS AND CUSTOMS 10. The Focal Point Theory of Expressive Law Richard H. McAdams 11. Countervailing Norms Emanuela Carbonara, Francesco Parisi and Georg von Wangenheim 12. Social Stigma Michael Faure and Laarni Escresa 13. Self-regulation Anthony Ogus and Emanuela Carbonara PART IV: INTERNATIONAL LAW 14. International Law as a Source of Law Paul B. Stephan 15. International Treaties Vincy Fon 16. Customary International Law Jef De Mot, Vincy Fon and Francesco Parisi 17. International Organization: Institutions and Order in World Politics Alexander Thompson and Duncan Snidal PART V: FEDERALISM, LEGAL HARMONIZATION AND DEVELOPMENT 18. Federalism Robert P. Inman and Daniel L. Rubinfeld 19. Legal Harmonization Enrico Baffi and Paolo Santella 20. Forum Shopping and the Evolution of Rules of Choice of Law Nita Ghei 21. The Law and Economics of Regulatory Competition Jonathan Klick 22. Growth-oriented Legal Reforms Robert Cooter and Hans-Bernd Schäfer Index
