Encyclopedia of Law and Economics

2019 Edition
| Editors: Alain Marciano, Giovanni Battista Ramello

Risk Management, Optimal

  • Andrew TorreEmail author
Reference work entry
DOI: https://doi.org/10.1007/978-1-4614-7753-2_60


Individuals continually confront a discrepancy between ever expanding and changing wants and the means that they have at their disposal, time, and income, to satisfy them. One of the consequences is the need to make constrained choices between alternatives that have uncertain outcomes. Risk is a different concept from uncertainty. Individual optimal risk management means reducing, eliminating, or fully bearing risk, after conducting a “cost-benefit” analysis. In practice, however, cognitive biases mean that many decisions are not economically rational, necessitating paternalistic government and judicial interventions. Systemic, or whole financial system collapse risk is, optimally managed using well-designed macroprudential regulatory tools. The source of this type of risk is the inherent dynamics of the financial system over the course of the business cycle, interacting with credit market negative externalities, often as in the case of the GFC, spawned by government regulatory failure.

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  1. Clarke P, Clarke J, Zhou M (2008) Contract law: commentaries, cases and perspectives. Oxford University Press, South MelbourneGoogle Scholar
  2. Fleming J (1998) The law of torts. LBC information services, 9th edn. LBC Information Services, North RydeGoogle Scholar
  3. Kahneman D (2011) Thinking fast and slow. Allen and Lane, New YorkGoogle Scholar
  4. Knight F (1921) Risk, uncertainty and profit. Augustus M Kelley, New YorkGoogle Scholar
  5. Mendelson D (2010) The new law of torts, 2nd edn. Oxford University Press, South MelbourneGoogle Scholar
  6. Paterson J (2012) Unfair contract terms in Australia. Thomson Reuters (Professional) Australia, PyrmontGoogle Scholar
  7. Ritchie D, Reid S (2013) Risk management and ecotourism businesses. In: Ballantyne R, Packer J (eds) International handbook on ecotourism. Edward Elgar. Cheltenham, UK; Northampton, MAGoogle Scholar
  8. Seddon N, Ellinghaus M (2008) Cheshire and Fifoot’s law of contract. Ninth Australian edn. LexisNexis Butterworths. Chatswood, NSWGoogle Scholar
  9. Thaler R, Sunstein C (2008) Nudge: improving decisions about health, wealth and happiness. Yale University Press, New HavenGoogle Scholar

General References

  1. Bank of England (2011) Instruments of macroprudential policy. A discussion paperGoogle Scholar
  2. Bank for International Settlements (BIS) (2014) 84th annual report.Google Scholar
  3. De Nicolo' G, Favara G, Ratnovski L (2012) Externalities and macroprudential policy. IMF discussion note. 7 June 2012. International Monetary FundGoogle Scholar
  4. Garnaut R, Llewellyn-Smith D (2009) The great crash of 2008. Melbourne University Press, CarltonGoogle Scholar
  5. Stiglitz J (2012) Macroeconomics, monetary policy and the crisis, Chap. 4. In: Blanchard O, Romer D, Spence M, Stiglitz J (eds) In the wake of the crisis: leading economists reassess economic policy. The MIT Press, Cambridge, MAGoogle Scholar
  6. Viney C (2011) Financial market essentials. McGraw Hill, North RydeGoogle Scholar

Journal Articles

  1. Ball L (2014) Long-term damage from the great recession in OECD countries. NBER working paper no 20185. Issued May 2014Google Scholar
  2. Tversky A, Kahneman D (1981) The framing of decisions and the psychology of choice. Sci New Ser 211(4481):453–458Google Scholar

Copyright information

© Springer Science+Business Media, LLC, part of Springer Nature 2019

Authors and Affiliations

  1. 1.School of Accounting, Economics and FinanceDeakin UniversityMelbourneAustralia