Law and Economics, Vol. 9
Gordon Tullock’s innovative scholarship in law and economics shines in this volume. It includes, in full, his famous book The Logic of Law, the first book to analyze the law from the perspective of economics. It also includes an influential and controversial monograph, The Case against the Common Law, the best chapters from his book, Trials on Trial, as well as a sequence of influential articles in the field of law and economics.\ Charles K. Rowley is Duncan Black Professor of Economics at...
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Introduction, by Charles K. Rowley ix\ THE LOGIC OF THE LAW Preface 3\ PART 1. FUNDAMENTAL ASSUMPTIONS\ 1. Law without Ethics 9\ 2. Fundamental Assumptions 15\ PART 2. CIVIL LAW\ 3. Contracts, Substantive Law 37\ 4. Enforcement of Contracts 55\ 5. Anglo-Saxon Encumbrances 73\ 6. Accidents 98\ 7. Status 124\ PART 3. CRIMINAL LAW\ 8. Motor Vehicle Offenses and Tax Evasion 137\ 9. Jurisprudence: Some Myths Dispelled 152\ 10. Jurisprudence: Some General Problems 173\ 11. Theft and Robbery 189\ 12. Fraud and Information Control 204\ 13. Crimes against the Person 215\ PART 4. ETHICS\ 14. Ethics 225\ Appendix A: Exceptions to the Social Contract 229\ Appendix B: General Table of Symbols 235\ THE ECONOMIICS OF LEGAL PROCEEDINGS The “Dead Hand” of Monopoly (James M. Buchanan and Gordon Tullock) 241\ Does Punishment Deter Crime? 252\ Two Kinds of Legal Efficiency 263\ Optimal Procedure 274\ Technology: The Anglo-Saxons versus the Rest of the World 291\ Various Ways of Dealing with the Cost of Litigation 309\ The Motivation of Judges 324\ Defending the Napoleonic Code over the Common Law 339\ Negligence Again 364\ Welfare and the Law 380\ THE CASE AGAINST THE COMMON LAW\ 1. Introduction 399\ 2. The Ideal of the Common Law 403\ 3. The Common Law in Public Choice Perspective 411\ 4. All the World’s a Stage 413\ 5. The Play’s the Thing 431\ 6. The Tragedie of the Common Law System in the United States 441\ 7. Why I Prefer Napoléon 449\ Index 457
