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© 2020

Economics in Legal Reasoning

  • Péter Cserne
  • Fabrizio Esposito
Book

Part of the Palgrave Studies in Institutions, Economics and Law book series (PSIEL)

Table of contents

  1. Front Matter
    Pages i-vii
  2. Péter Cserne, Fabrizio Esposito
    Pages 1-6
  3. Foundations

    1. Front Matter
      Pages 7-7
    2. Damiano Canale, Giovanni Tuzet
      Pages 9-24
  4. Economics and Legal Interpretation

  5. Economics and Fact-Finding

    1. Front Matter
      Pages 81-81
    2. Jan Broulík
      Pages 83-99
    3. Nicola Giocoli
      Pages 101-117
  6. New Perspectives

    1. Front Matter
      Pages 119-119
    2. Felipe Figueroa Zimmermann
      Pages 121-137
    3. Fabrizio Esposito
      Pages 139-154
  7. Back Matter
    Pages 155-159

About this book

Introduction

This Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists.

Despite their differences, economics and legal reasoning interact in many interesting ways. This book offers a fast track to these interactions. Both supporters and critics of Law & Economics will be exposed to a yet-to-be developed area of interaction between the disciplines.

This book will be of interest to economists, legal scholars, and Law and Economics specialists, and can be used as teaching material in courses on Law & Economics and legal reasoning as well.

Keywords

Legal reasoning Legal institutions Forensic economics Legal interpretation Alternative legal decisions Welfarist normative arguments Internal and external justification of judicial decisions

Editors and affiliations

  • Péter Cserne
    • 1
  • Fabrizio Esposito
    • 2
  1. 1.University of AberdeenAberdeenUK
  2. 2.Université catholique de LouvainLouvain-la-NeuveBelgium

About the editors

Dr Péter Cserne is Reader in Law at Aberdeen University, Scotland, UK and an Extramural Fellow of Tilburg Law and Economics Center (TILEC), Netherlands. He has held visiting positions at Columbia University, University of Oxford, University of Genoa and University of Toronto and the Max Planck Institute in Hamburg. A lawyer and economist by training, he has published widely on legal theory, economic analysis of law, and contracts. He is the founder and convener of MetLawEcon, an international academic network for research on the foundations of Law & Economics.

Dr Fabrizio Esposito is a postdoctoral Fellow at the Université Catholique de Louvain and an Extramural Fellow at the Nova Law School, Lisbon, Portugal. Previously, he was a Postdoctoral Fellow at the Tel Aviv University, Israel, and defended his PhD thesis entitled Law and Economics United in Diversity at the European University Institute, Italy. He studies the relationship between economics, EU law, and legal theory with a particular focus on antitrust and consumer law. Fabrizio has joined Péter in the management of MetaLawEcon, an international academic network for research on the foundations of Law & Economics.

Bibliographic information

  • Book Title Economics in Legal Reasoning
  • Editors Péter Cserne
    Fabrizio Esposito
  • Series Title Palgrave Studies in Institutions, Economics and Law
  • Series Abbreviated Title Palgrave Studies in Institutions, Economics and Law
  • DOI https://doi.org/10.1007/978-3-030-40168-9
  • Copyright Information The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2020
  • Publisher Name Palgrave Macmillan, Cham
  • eBook Packages Economics and Finance Economics and Finance (R0)
  • Hardcover ISBN 978-3-030-40167-2
  • Softcover ISBN 978-3-030-40170-2
  • eBook ISBN 978-3-030-40168-9
  • Series ISSN 2662-6535
  • Series E-ISSN 2662-6543
  • Edition Number 1
  • Number of Pages VII, 159
  • Number of Illustrations 0 b/w illustrations, 0 illustrations in colour
  • Topics Law and Economics
  • Buy this book on publisher's site
Industry Sectors
Finance, Business & Banking
Law

Reviews

“In Economics in Legal Reasoning, Péter Cserne and Fabrizio Esposito have brought together important new works which will bolster the dialogue between economics scholars, legal scholars, and legal practitioners on economics in legal reasoning, a topic that has not received enough attention so far. It will be beneficial reading for scholars, lawyers, and judges everywhere.” (Brian H. Bix, Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota, USA)

“A fascinating collection of essays on the contribution which economics can make to legal reasoning. The two extremes are shunned:  that legal reasoning is necessarily self-contained; and that economic methodology can invariably provide a litmus test of what is legally appropriate. A more nuanced appraisal of the relationship between the two discourses is explored, offering a wealth of insights for lawyers and economists alike.” (Anthony Ogus, Emeritus Professor, Universities of Manchester, UK, and Rotterdam, The Netherlands)