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Book Description

Law is supposed to encourage innovation, morality, and conformity with societal expectations, yet it may provides perverse incentives causing individuals, or even the State, to act in discordant, inefficient, and even immoral ways. This book will explore the inefficiencies that are created that serve to deny individuals work and shelter in a haphazard and capricious manner. The author examines property rights, including eminent domain, that lets the State take property away with seemingly arbitrary compensation to the owner. Individuals must understand both civil law, codified by statutes, and common law, enshrined in precedential judicial decisions. This book is written for economists and non-economists and has an extensive glossary of economic, political and legal terms. Two items that are not formally treated in other economics of law textbooks are the legal organization of businesses and tax law from an economics perspective.

Table of Contents

  1. Cover
  2. Half Title Page
  3. Title Page
  4. Copyright
  5. Contents
  6. Chapter 1 The Interaction of Law and Economics
    1. How the Legal System Has Evolved
    2. The Nature of Precedent
    3. Bringing a Court Action
    4. How Economics Can Help Us Understand Law
    5. Is common law efficient?
    6. Limitations on Use of Economics to Understand Law
    7. Externalities
    8. Transaction Cost Analysis
    9. Questions for Review
    10. Questions for Discussion
  7. Chapter 2 Property Rights
    1. Origins
    2. Real Property
    3. Personal Property
    4. Intellectual Property
    5. Business Regulation
    6. Questions for Review
    7. Questions for Discussion
  8. Chapter 3 Contracts
    1. The Nature of Contracts
    2. Warranties
    3. Remedies and Breach
    4. Defenses to Breach
    5. Final Word: Why have Contracts at all?
    6. Questions for Review
    7. Questions for Discussion
  9. Chapter 4 Torts
    1. Liability
    2. Defenses to Tort
    3. Damages
    4. Tort Reform
    5. Questions for Review
    6. Questions for Discussion
  10. Chapter 5 Organization of the Firm and Competition Law
    1. Benefits and Costs of Various Firm Organizations
    2. Corporate Borrowing
    3. Corporate Bankruptcy
    4. Corporations and Torts
    5. Transaction Cost Theory of the Firm
    6. Competition Law
    7. Questions for Review
    8. Questions for Discussion
  11. Chapter 6 Other Laws
    1. Environmental Law
    2. International Law
    3. Family Law
    4. Discrimination Law
    5. Tax Law
    6. Questions for Review
    7. Questions for Discussion
  12. Glossary
  13. Notes
  14. References
  15. Index