Efficiency instead of justice?: searching for the philosophical foundations of the economic analysis of law

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Enables interdisciplinary-minded researchers and practioners to look over the rim of their own subject disciplines and beyond Addressesnot only the philosophical substance of the demand for economic efficiency, but also introduces the modern concepts of social ethics Represents a well-founded academic treatise on the economic analysis of law addressing the tension between efficiency and justice INDICE: From the contents o 1 Introduction. Part One: Economic Foundations. o 2 Homo economicus. o 3 Efficiency criteria. Part Two: Philosophical Foundations. o 5 Adam Smith’s Moral Philosophy. o 6 Jeremy Bentham’s Utilitarianism.o 7 John Rawls’s theory of justice. Part Three: Wealth, Efficiency And Justice. o 8 Richard Posner’s theory of wealth maximization. o 9 Justice and efficiency. o 10 Conclusions. Bibliography. Index Of Names And Subjects.

• ISBN: 978-1-4020-9797-3
• Editorial: Springer
• Encuadernacion: Cartoné
• Páginas: 185
• Fecha Publicación: 01/01/2009
• Nº Volúmenes: 1
• Idioma: Inglés