New Arrivals/Restock

Efficiency Instead of Justice?: Searching for the Philosophical Foundations of the Economic Analysis of Law (2009)

flash sale iconLimited Time Sale
Until the end
02
18
08

$54.99 cheaper than the new price!!

Free shipping for purchases over $99 ( Details )
Free cash-on-delivery fees for purchases over $99
Please note that the sales price and tax displayed may differ between online and in-store. Also, the product may be out of stock in-store.
New  $109.99
quantity

Product details

Management number 202480694 Release Date 2025/10/09 List Price $55.00 Model Number 202480694
Category

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. Finally, aligning himself with John Rawls's contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach.

In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.


Correction of product information

If you notice any omissions or errors in the product information on this page, please use the correction request form below.

Correction Request Form

Product Review

You must be logged in to post a review