This collection of essays by one of America's leading legal theorists is unique in its scope. It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science. There are four sections in the book. The first offers a new version of legal positivism and an original theory of legal rights. The second section critically evaluates the economic approach to law, and the third considers the relationship of justice to liability for unintentional harms and to the practice of settling disputes rather than fully litigating them. Finally, Coleman explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure. This book will be of cardinal importance to philosophers of law, legal theorists, political scientists, and economists.
`Coleman certainly gets one thinking ... wide ranging.'
`Review from previous edition This wide-ranging series of essays, representing the work of many years, conducts a thoughtful and stimulating dialogue with economic analysts of law and other legal and political theorists on subjects ranging from legal positivism to the settlement of civil cases out of court.'
Judge Richard A. Posner, United States Court of Appeals for the Seventh Circuit
`In Jules Coleman's essays, two rich fields of enquiries - how to understand law, and how far economic models apply to non-market institutions - are brought together and illuminated by one of the outstanding contemporary practitioners of legal philosophy.'
David Gauthier, Distinguished Service Professor of Philosophy, University of Pittsburgh
Part I: Law and Morality
1: Negative and Positive Positivism
2: Rethinking the Theory of Legal Rights
Part II. Law and Economics
3: Efficiency, Auction, and Exchange
4: Efficiency, Utility, and Wealth Maximisation
5: The Foundation of Constitutional Economics
Part III. Torts, Crimes and Settlements
6: Crimes, Kickers and Transaction Structures
7: The Morality of Strict Tort Liability
8: Corrective Justice and Wrongful Gain
9: Justice in Settlements
Part IV. Markets, Morals and Politics
10: Market Contractarianism
12: Democracy and Social Choice
13: Morality and the Theory of Rational Choice
Number Of Pages: 414
Published: 1st October 2002
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.5 x 15.88
Weight (kg): 0.61