The Economics of Justice eBook ↠ The Economics

The Economics of Justice [Ebook] ➭ The Economics of Justice ➬ Richard A. Posner – Richard A Posner is probably the leading scholar in the rapidly growing field of the economics of law; he is also an extremely lucid writer In this book he applies economic theory to four areas of int Richard A Posner is probably the leading scholar in the rapidly growing field of the economics of law; he is also an extremely lucid writer In this book he applies economic theory to four areas of interest to students of social and legal institutions the theory of justice primitive and ancient social and legal institutions the law and economics of privacy and reputation and the law and economics of racial discriminationThe book is designed to display the power of economics to organize and illuminate diverse fields in the study of nonmarket behavior and institutions A central theme is The Economics eBook ô the importance of uncertainty to an understanding of social and legal institutions Another major theme is that the logic of the law in many ways but not all appears to be an economic one that judges for example in interpreting the common law act as if they were trying to maximize economic welfarePart I examines the deficiencies of utilitarianism as both a positive and a normative basis of understanding law ethics and social institutions and suggests in its place the economist's concept of wealth maximizationPart II an examination of the social and legal institutions of archaic societies notably that of ancient Greece and primitive societies argues that economic analysis holds the key to understanding such diverse features of these societies as reciprocal gift giving blood guilt marriage customs liability rules and the prestige accorded to generosity Many topics relevant to modern social and philosophical debate including the origin of the state and the retributive theory of punishment are addressedParts III and IV deal with contemporary social and jurisprudential uestions Part III is an economic analysis of privacy and the statutory and common law rules that protect privacy and related interests rules that include the tort law of privacy assault and battery and defamation Finally Part IV examines again from an economic standpoint the controversial areas of racial and sexual discrimination with special reference to affirmative action Both Part III and Part IV develop as a sub theme the issue of proper standards of constitutional adjudication by the Supreme Court.

10 thoughts on “The Economics of Justice

  1. Ross Ross says:

    Entertaining and readable introduction to the libertarian economic worldview I disagree with many of Posner's conclusions but his writing and command of legal history make the disagreements well worth having

  2. Andi Andi says:

    Buku yang sangat menarik dengan atmosfir libertarianism Ada yang paling menarik yaitu soal kalau meminjam istilah Keynes animal spirit Posner menohok rationality ekonomi dengan tantangan tantangan perilaku irasional homo economicus yang sudah lama mewujud dalam sejarah yaitu diskriminasi ras Ia mengurai dan membentangnya mulai dari jaman Romawi sampai sekarang setidaknya sampai buku itu ditulis Ia lalu mengatakan dan berpendapat bahwa ekonomi adalah adjustment dari irasionalitas homo ekonomikus itu Itulah sebab kenapa terdapat fenomena di mana hakim hakim memutus perkara berdasarkan efisiensi dan wealth maximizationNamun apakah hukum memang didesain untuk hal demikian? Tidak selalu berpikirlah lokal dan refleksikan dengan hukum di jurisdiksi kita Ikuti alur bagaimana negara dibentuk oleh sebab apa Jawabannya tidak seuniversal yang kuduga Hukum tidak melulu subsistem dari logika ekonomiEntah kenapa kupikir sedikit banyakpemikiran Posner ini Coasian

  3. Konrad Konrad says:

    One of the most insightful works of legal theory that I have read Posner is somewhat of a polarizing figure meaning that many seem to either idolize or despise him without a well conceived reason Nonetheless there is no denying his genius this work sets forth a detailed economic analysis of many aspects of the law including the law of primitive cultures and shows how the law operates to increase economic efficiency Most importantly I came away from this work with a new found respect for the good that economic analysis of law can provide even though I am in the camp that views Justice as something greater than mere Economics

  4. Peter Jacobsson Peter Jacobsson says:

    Instead of focusing on the chapters on the wealth maximizing principle interesting as the may be I in particular like those on primitive law which to some extent foreshadow the work of Douglass North

  5. Craig Bolton Craig Bolton says:

    The Economics of Justice by Richard A Posner 1981

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