The Economics of Justice

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Harvard University Press, 1983 - Law - 415 pages
3 Reviews

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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Excellent discussion of Privacy. Vintage judge Posner.

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User Review  - Konrad - 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 ... Read full review

Contents

An Introduction to the Economics
1
Blackstone and Bentham
13
Utilitarianism Economics
48
The Ethical and Political Basis
88
The Homeric Version of
119
A Theory of Primitive Society
146
The Economic Theory of Primitive Law
174
Retribution and Related Concepts
207
Privacy as Secrecy
231
A Broader View of Privacy
268
The Privacy Jurisprudence
310
THE SUPREME COURT
349
The DeFunis Case and Reverse
364
The Constitutional Issue
375
Bakke Weber and Beyond
387
Index
409

Retribution against Neighbors
217
Guilt versus Responsibility
224

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About the author (1983)

Richard A. Posner is Circuit Judge, the United States Court of Appeals for the Seventh Circuit, and a senior lecturer at the University of Chicago Law School.

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