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Production of Legal Rules

Edited by Francesco Parisi, Oppenheimer Wolff and Donnelly Professor of Law, University of Minnesota Law School, US and Professor of Economics, University of Bologna, Italy
This thorough and detailed book provides a comprehensive analysis of the various ways in which laws and rules are produced and lays the foundations for a systematic understanding of lawmaking as a production process.
Extent: 448 pp
Hardback Price: £160.00 Web: £144.00
Publication Date: 2011
ISBN: 978 1 84844 032 6
Availability: In Stock
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  • eISBN: 978 1 78254 051 9

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  • Economics and Finance
  • Law and Economics
  • Law - Academic
  • Law and Economics
This thorough and detailed book provides a comprehensive analysis of the various ways in which laws and rules are produced and lays the foundations for a systematic understanding of lawmaking as a production process.

Leading scholars and experts provide coverage and insight on key issues such as the optimal specificity and timing of legal intervention, the nature of expressive law, the production of customary law, and the effect of social norms and social stigma on legal compliance. The original essays shed new light on important issues concerning the institutional design of lawmaking through the lens of economic analysis and public choice theory, and together form an important reference tool.

This state-of-the-art resource forms part of the Encyclopedia of Law and Economics, and will appeal strongly to researchers and postgraduate students from both law and economics backgrounds.
‘The economic analysis of the production of legal rules has been so far spread over many legal books and articles focusing on other topics. This fascinating volume, edited by Francesco Parisi, is the first book dealing with the production of legal rules in a systemic and comprehensive way. A dream-team of scholars from both the United States and Europe use economics tools to investigate legislation, regulation, judge-made law, social norms, customary law, and international law. Legislators, regulators, judges, economists, practicing and academic lawyers should not miss reading this book.’
– Ariel Porat, Tel Aviv University, Israel
Contributors: E. Baffi, E. Carbonara, R. Cooter, J. De Mot, L. Escresa, M. Faure, V. Fon, N. Ghei, C. Guerriero, R.P. Inman, L. Kaplow, J. Klick, B. Luppi, R.H. McAdams, A. Ogus, F. Parisi, P.H. Rubin, D.L. Rubinfeld, P. Santella, H.-B. Schäfer, D. Snidal, P.B. Stephan, E.P. Stringham, A. Thompson, S. Voigt, G. von Wangenheim, T.J. Zywicki
Contents:

Introduction

PART I: LEGISLATION AND REGULATION
1. Constitutional Design of Lawmaking
Stefan Voigt

2. General Characteristics of Rules
Louis Kaplow

3. Rules versus Standards
Barbara Luppi and Francesco Parisi

4. The Optimal Timing of Lawmaking
Nita Ghei

5. Production of Legal Rules by Agencies and Bureaucracies
Georg von Wangenheim

PART II: JUDGE-MADE LAW
6. Judge-made Law
Paul H. Rubin

7. Common Law and Economic Efficiency
Todd J. Zywicki and Edward Peter Stringham

8. Bias in the Common Law
Jef De Mot

9. Legal Traditions and Economic Performance: Theory and Evidence
Carmine Guerriero

PART III: SOCIAL NORMS AND CUSTOMS
10. The Focal Point Theory of Expressive Law
Richard H. McAdams

11. Countervailing Norms
Emanuela Carbonara, Francesco Parisi and Georg von Wangenheim

12. Social Stigma
Michael Faure and Laarni Escresa

13. Self-regulation
Anthony Ogus and Emanuela Carbonara

PART IV: INTERNATIONAL LAW
14. International Law as a Source of Law
Paul B. Stephan

15. International Treaties
Vincy Fon

16. Customary International Law
Jef De Mot, Vincy Fon and Francesco Parisi

17. International Organization: Institutions and Order in World Politics
Alexander Thompson and Duncan Snidal

PART V: FEDERALISM, LEGAL HARMONIZATION AND DEVELOPMENT
18. Federalism
Robert P. Inman and Daniel L. Rubinfeld

19. Legal Harmonization
Enrico Baffi and Paolo Santella

20. Forum Shopping and the Evolution of Rules of Choice of Law
Nita Ghei

21. The Law and Economics of Regulatory Competition
Jonathan Klick

22. Growth-oriented Legal Reforms
Robert Cooter and Hans-Bernd Schäfer

Index