scholarly journals The Theory of Value Dilemma: A Critique of the Economic Analysis of Criminal Law

2002 ◽  
Author(s):  
Dan M. Kahan
2019 ◽  
pp. 103-132
Author(s):  
John Gardner

This chapter argues that there can be no successful type of objection to an economic analysis of tort law. Coleman’s attempts to make good such objections are the best we have, but still they fail. That is because legal economists can in principle account for any norm that can be accounted for. To show that their explanation fails we are always reduced in the end to arguing that they got their costings wrong, and once the argument gets to that point then the war is over. If we want to defeat the economic analysis of tort law in a less pyrrhic way, we have no alternative but to mount a different type of objection to it. We must establish that the economic analysis rests on a bad theory of value. This we do by exploring what really matters in life, for what really matters in life is also, by and large, what really matters in law.


1990 ◽  
Vol 1990 (1) ◽  
pp. 1 ◽  
Author(s):  
Kenneth G. Dau-Schmidt

Author(s):  
Eyal Zamir ◽  
Doron Teichman

This chapter surveys the contributions of behavioral studies to the analysis of criminal law and law enforcement. It begins by introducing the key insights of economic analysis of crime control. It then examines the extent to which people’s moral judgments are compatible with the dictates of economic analysis in this sphere—and the associated normative implications. It proceeds to analyze the ramifications of behavioral findings regarding how people perceive probabilities and sanctions for deterrence theory. The chapter e also examines the contribution of research in the area of behavioral ethics to crime control. Finally, it discusses the implications of behavioral research for recidivism.


2010 ◽  
Vol 1 (1) ◽  
pp. 165-178
Author(s):  
L.M. Berger ◽  
D. Borenstein ◽  
G. Balbinotto Neto

Author(s):  
Jacob Rosenberg

This article presents an example of the use of economic analysis to understand Jewish law. The model used is an application of the economic analysis of law, which has become increasingly prominent in the philosophy and study of law. Economic analysis of law deals not only with those aspects of law that are usually regarded as purely “economic,” but also with more general categories of law, such as property rights, torts, and family law. Indeed, it can be said to deal with all aspects of civil and criminal law. Following this new approach, this article seeks to apply the economic analysis of law to Jewish tort law and, specifically, to laws relating to fire damage. It explains the economies of the laws of fire damage followed by proper care and due care as well as efficient care. This article enumerates a graphical illustration of the unilateral care model; an analysis of differential care concludes the article.


Author(s):  
Valentyna Feshchenko

The article analyzes the features of the development of marginalism and the emergence of a modern methodology for the analysis of economic processes in Ukrainian economic thought, starting with the development of the Kyiv scientific school headed by M. Bunge and ending with the works of prominent Ukrainian scientists E. Slutsky and M. Tugan-Baranovsky. These problems, considering their relevance for the present, are the subjects of modern scholars’ researches, such as T. Hayday, I. Golovata, V. Kudlak, O. Kurbet, V. Nebrat, N. Suprun, Y. Ushchapovsky, V. Feshchenko and others. The purpose of the article is to highlight the scientific contribution of Ukrainian economists of the last third of the 19th – beginning of the 20th centuries to the development of marginalism and Western European liberalism, to reveal the emergence of a new methodology of economic analysis based on the combination of ideas of classical political economy and marginal analysis, the historical school’ principles with the European socio-reformism, and the use of functional analysis with economic and mathematical research tools. Significant progress of the Ukrainian economic science in this period are the theoretical achievements of representatives of the Kyiv School of Political Economy. In the works of M. Bunge, D. Pikhno, R. Orzhentsky, and O. Bilimovych, the attention was focused on the development of the theory of value with the use of marginal analysis, the psychological foundations of the theory of value were supported, and the emphasis was placed on the social orientation of research. E. Slutsky's works «The Theory of Marginal Utility», and «On the Theory of Consumer Budget» reflected new approaches to understanding utility as an economic category, determined the value of market goods in terms of their usefulness and rarity, and initiated the study of market behavior and mechanisms of formation and stability of the consumer budget. In the context of the formation of the new methodology for economic analysis, the author reveals the priority and significance of the creation of the synthetic theory of value by M. Tugan-Baranovsky. The article highlights the significant influence of Ukrainian scientists of the studied period on the development of world economic science and substantiates the necessity of further study of their scientific work.


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