ABSTRACT

The economic analysis of legal and regulatory issues need not be limited to the neoclassical economic approach. The expert contributors to this work employ a variety of heterodox legal-economic theories to address a broad range of legal issues. They demonstrate how these various approaches can lead to very different conclusions concerning the role of the law and legal intervention in a wide array of contexts. The schools of thought and methodologies represented here include institutional economics, new institutional economics, socio-economics, social economics, behavioral economics, game theory, feminist economics, Rawlsian economics, radical economics, Austrian economics, and personalist economics. The legal and regulatory issues examined include anti-trust and competition, corporate governance, the environment and natural resources, land use and property rights, unions and collective bargaining, welfare benefits, work-time regulation and standards, sexual harassment in the workplace, obligations of employers and employees to each other, crime, torts, and even the structure of government. Each contributor brings a different emphasis and provides thoughtful, sometimes provocative analysis and conclusions. Together, these heterodox insights will provide valuable supplementary reading for courses in law and economics as well as public policy and business courses at both the graduate and undergraduate levels.

part 1|23 pages

Introduction: New Approaches to Law and Economics

chapter 1|12 pages

Law and Economics

Making the Case for a Broader Approach

part 2|74 pages

Legal Issues Concerning Firms and Market Structure

chapter 3|28 pages

The Inadequacy of Competition Policies

A New Institutional Approach

chapter 4|22 pages

A Market Path to Liberation?

Feminism, Economics, and Corporate Law

part 3|100 pages

Legal Issues Concerning Natural Resources, the Environment, and Land Use

chapter 6|30 pages

A Comparative Institutional Approach to Law and Economics

Theory and Applications—The Environment, Natural Resources, and Land Use

chapter 7|30 pages

Property and Politics in the Hudson Valley

Continuity and Change in the Corporate Form

chapter 8|38 pages

Prior Questions

Endogenous Property Rights in Economics and the Case of the Radio Spectrum

part 4|149 pages

Legal Issues Concerning Labor, Employment, and Unemployment

chapter 10|27 pages

Personalist Economics, Justice, and the Law

Applications to Labor, Product, and Credit Markets

chapter 13|40 pages

Efficient But Not Equitable

The Problem with Using the Law and Economics Paradigm to Interpret Sexual Harassment in the Workplace

part 5|80 pages

Other Legal Issues

chapter 14|23 pages

A Social Economics of Crime

(Based on Kantian Ethics)

chapter 15|19 pages

Economic Analysis of Tort Law

Austrian and Kantian Perspectives

chapter 16|36 pages

Institutional Change and Economic Growth in Spain Since the Democratic Transition in 1978

Regulating Regional Self-Governance as a Key Factor