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Law's Limits : Rule of Law and the Supply and Demand of Rights - Neil K. Komesar

Law's Limits

Rule of Law and the Supply and Demand of Rights

Hardcover Published: 1st December 2001
ISBN: 9780521806299
Number Of Pages: 218

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What law is can be determined by the character of the institutions that make, interpret and enforce law. The interaction of these institutions moulds the supply of, and demand for, law. Focusing on this interaction in the context of US property rights law and the debates about private property and the rule of law, Komesar paints an unconventional picture of law and rights shifting and cycling as systemic factors, such as increasing numbers and complexity. This strain produces tough institutional choices and unexpected combinations of goals and institutions. It also frustrates the hopes for courts, rights and law embodied in notions such as the rule of law and constitutionalism. Although there may be an important role for law, rights and courts both in the US and abroad, it cannot be easily defined. This book proposes a way to define that role and to reform legal education and legal analysis.

"Using the context of supply and demand, Komesar affers an analysis of rights in general and property rights in particular in the demand for and supply of the limited resources of law and the courts...For readers interested in a more provocative approach to understanding the nexus between law and society, this book will prove illuminating. Graduate level and above." Choice

Prefacep. ix
The Basic Frameworkp. 1
Supply and Demandp. 3
The Spectrum of Rightsp. 11
Boomer--The Common Law and Institutional Choicep. 12
The Market versus the Courtsp. 12
The Political Process versus the Courtsp. 16
Generating the Spectrump. 19
Some General Lessonsp. 23
Communities, Markets, Participation, and Methodologyp. 27
Conclusionp. 33
The Supply Side--The Little Engine of Law and Rightsp. 35
The Adjudicative Processp. 35
Numbers, Complexity, and the Dynamics of Litigationp. 41
Numbers, Complexity, and Class Actionsp. 45
Conclusionp. 51
Land Use and Rightsp. 53
Zoning and Its Discontents--Political Malfunction and the Demand for Rightsp. 55
Conflicting Visions of Under- and Overregulationp. 56
The Two-Force Model of Politics: Fear of the Few and Fear of the Manyp. 60
Judicial Responsesp. 70
Conclusionp. 86
Just Compensation--The Problems of Judicial Pricingp. 88
The Limits of Lucasp. 89
The Proposalsp. 93
The Demand Side: Just Compensation and Political Malfunctionp. 94
The Supply Side: The Courts and Just Compensationp. 99
The Strange World of Nollan and Dolanp. 106
Conclusionp. 111
High Stakes Players and Hidden Marketsp. 113
Focusing on Majoritarian Bias and Ending the Villain Huntp. 114
Dealing with Majoritarian Biasp. 116
Conclusionp. 121
Law's Lawsp. 123
Theories of Property--From Coase to Communitarianismp. 125
The Evolution and Function of Property: The Economic Theory of Property Rightsp. 126
The Search for Communitiesp. 135
Communities and Norms Meet Numbers and Complexityp. 144
Conclusionp. 153
Numbers, Complexity, and the Rule of Lawp. 156
Shifts and Cycles: The Decreasing Likelihood of Stable and Certain Lawp. 157
Confronting the Supply Side: Images and Realities of Courtsp. 165
Confronting the Demand Side: Communitarians versus the Rule of Lawp. 170
Conclusionp. 173
Changesp. 174
Changing Legal Analysisp. 174
Changing Legal Education and Discoursep. 177
Changing Economicsp. 180
Law Around the Worldp. 182
Law's Futurep. 184
Breaking the Cyclep. 186
Referencesp. 191
Indexp. 199
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780521806299
ISBN-10: 0521806291
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 218
Published: 1st December 2001
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24  x 1.6
Weight (kg): 0.49