The Economics of Justice
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 discrimination.
The 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 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 welfare.
Part 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 maximization." Part 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 addressed. Parts III and IV deal with more contemporary social and jurisprudential questions. 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 subtheme the issue of proper standards of constitutional adjudication by the Supreme Court.
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Review: The Economics of JusticeUser Review - Goodreads
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 ...
Review: The Economics of JusticeUser Review - Goodreads
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.
An Introduction to the Economics
Blackstone and Bentham
The Ethical and Political Basis
The Homeric Version of
A Theory of Primitive Society
The Economic Theory of Primitive Law
Retribution and Related Concepts
Privacy as Secrecy
A Broader View of Privacy
The Privacy Jurisprudence
THE SUPREME COURT
The DeFunis Case and Reverse
The Constitutional Issue
Bakke Weber and Beyond
Retribution against Neighbors
Guilt versus Responsibility
JSTOR: The Economics of Justice.
248 THE ECONOMIC JOURNAL [MARCH The Economics of Justice. By RICHARD A. POSNER. (London: Harvard University Press, 1981. Pp. xiii+4I5. ~I7.5o. ...
TNO November 1994
Richard A. Posner, The Economics of Justice, Cambridge: Harvard University Press, 1981. Most Americans have little understanding of the intellectual ...
polaris.gseis.ucla.edu/ pagre/ tno/ november-1994.html
University of Chicago Law School > Richard Posner
Judge Posner has written a number of books, including Economic Analysis of Law (6th ed., 2003), The Economics of Justice (1981), Law and Literature (2d ed. ...
www.law.uchicago.edu/ faculty/ posner-r/
Ministry of Justice: New Zealand: The Economic Analysis of ...
Coleman, Julius (1982), Book Review: The Normative Basis of Richard Posner's 'The Economics of Justice', Standford Law Review Vol 34:1105. ...
www.justice.govt.nz/ pubs/ reports/ 1997/ economic/ references.html
Harvard University Press: The Economics of Justice by Richard A ...
The Economics of Justice: by Richard A. Posner, published by Harvard University Press.
www.hup.harvard.edu/ catalog/ POSECO.html
FLORIDA JUSTICE REFORM INSTITUTE
Posner, Richard, The Economics of Justice, Cambridge, Massachusetts: Harvard University Press, 1981. The book is designed to display the power of economics ...
www.fljustice.org/ mx/ hm.asp?id=recommaned_reading
The Ethics and Economics of Private Property
Posner, The Economics of Justice, p. 74: "an act of injustice (is defined) as an act that reduces the wealth. of society." ...
www.hanshoppe.com/ publications/ hoppe_chicago_diversions.pdf
A. POSNER; The Economics Justice. Cambridge, Mass.: Harvard ...
+. 415. Reviewed by. ELI M. NOAM. Richard Posner’s views on the economic foundations. of. the legal system have. significantly influenced law schools, ...
www.blackwell-synergy.com/ doi/ abs/ 10.1111/ j.1747-4469.1982.tb00459.x
anthrosource | American Anthropologist - 84(3):666 - Citation
The Economics of Justice . Richard A. Posner . Review by Henry P. Lundsgaarde · rightslink Logo Reprints & Permissions, |, Full-Text on JSTOR ...
www.anthrosource.net/ doi/ abs/ 10.1525/ aa.1982.84.3.02a00250
NYU Annual Survey of American Law
... Economic Analysis of Law —now in its sixth edition—and The Economics of Justice ) and many articles (a number of these in collaboration with the ...
www.law.nyu.edu/ pubs/ annualsurvey/ dedications/ dedication_2004.html