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The Economics of Lawmaking Book

The Economics of Lawmaking
The Economics of Lawmaking, The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutio, The Economics of Lawmaking has a rating of 3.5 stars
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The Economics of Lawmaking, The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutio, The Economics of Lawmaking
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  • The Economics of Lawmaking
  • Written by author Francesco Parisi
  • Published by Oxford University Press, USA, December 2008
  • The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutio
  • The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutio
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Introduction

Pt. I Lawmaking through Legislation: Codified Law 1

1 Lawmaking through Legislation: An Introduction 3

2 Optimal Specificity of Laws: Rules versus Standards 9

3 Optimal Timing of Legal Intervention: Lawmaking under Uncertainty 31

4 Optimal Territorial Scope of Laws: Subsidiarity and Legal Harmonization 51

Pt. II Lawmaking through Adjudication: Judge-Made Law 71

5 Lawmaking through Adjudication: An Introduction 73

6 Litigation and the Evolution of Legal Remedies 85

7 Judicial Path-Dependence and Legal Change 97

8 Theories of Legal Precedent: Stare Decisis and Jurisprudence Constante 111

Pt. III Lawmaking through Practice: Customary Law 127

9 Lawmaking through Practice: An Introduction 129

10 Fostering the Emergence of Customary Law 137

11 Customary Law and Articulation Theories 157

12 Stability and Change in Customary Law 183

Pt. IV Lawmaking through Agreement: Treaty Law 207

13 Lawmaking through Agreement: An Introduction 209

14 Formation and Accession to Treaties 215

15 Ratification and Reservations: The Effects of Reciprocity 237

16 The Hidden Bias of Treaty Law 249

Conclusions 271

Notes 279

References 309

Index 323


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