經濟學語境下的法律規則
Law's Order : What Economics Has to Do with Law and Why It Matters
[基本信息/Product Details]
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[書籍內容/Book De*ion]
《經濟學語境下的法律規則》講述經濟學與法律的關聯。假設立法者提議對待械搶劫者處以終身監禁，各種報刊評論文章會對立法者嚴厲打擊犯罪的措施大加讚賞，憲法律師提出了禁用酷刑的問題。法哲學家開始思考其中的正義問題，一個經濟學家則指出，對持械搶劫才處以同持械搶劫並致人死亡一樣的刑罰是在鼓勵罪犯殺死受害人。正是經濟學這種切中要害的特點使它不僅被用於解釋法律，而且有助於設計法律。除了運用芝加哥經濟學派的廣博知識，作者還援引了眾多常識性的案例，為從經濟學角度理解法律提供了生動的辯護。他以一種深入淺出的行文闡明瞭法律與經濟學之間的關係。在採用這種學生、律師和非專業人士易於接受的形式的同時，弗裏德曼並沒有以犧牲這些思想的學術性為代價。弗裏德曼是表述此類富有爭議性的理解法律方法的理想發言人。這種方法之所以存在爭議，不僅是由於它推翻了傳統法律學者的緒論，更是因為它改變了這些論證的性質，並且，不同於傳統的法律原則，經濟學提供了一種統一的尺度，通過運用基本理念來理解和評估合同法、財產法、刑法、侵權法和其他各個法律部門中的法律規則，而且無論這些規則是當代美國的或是其他時代，其他地域的。同時，這也是理解非法律性規範也的一種方法。
What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting.
Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars?—?it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment?—?but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places?—?and systems of non-legal rules, such as social norms, as well.
This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.
[媒體推薦/Reviews]
"An interesting and lively introduction to the economic analysis of law. . . It lays out the principles and values of economic analysis of law, and then proceeds to illustrate and defend that approach in a lively and competent manner. It may not convince every reader that economics provide the key to understanding law, but it makes the case competently and energetically."
—Joseph L. Smith, The Law and Politics Book Review
"A thoroughly entertaining, creative, and provocative addition to the law and economics literature."
—Choice
"David Friedman is lively, cheerful, and a bit of a tease. . . . Friedman's book is, in the best sense of the word, extremely dense. . . . At the same time, he is cautious and does not try to prove too much. The evidence he provides is impressive and impressively presented."
—John Griffith, Times Literary Supplement
"[Friedman] explains what economics has to do with law and why it matters. . . . Applying economics to law matters because it yields efficient outcomes. In a world of finite resources and a world in which the political process controls the distribution scheme, increasing the size of the societal pie will increase the size of the slice we all can expect."
—Dennis J. Callahan, The Federal Lawyer
[作者簡介/Author]
David D. Friedman是聖克拉拉大學法學院的法學教授。他擁有芝加哥大學(University of Chicago)物理學博士學位，著有《隱藏的秩序:日常生活的經濟學》(Hidden Order: the Economics of Everyday Life)和《自由機器》(the Machinery of Freedom)等著作。
David D. Friedman is Professor of Law at the University of Santa Clara School of Law. He holds a Ph. D. in physics from the University of Chicago and is the author of, among other books, Hidden Order: The Economics of Everyday Life and The Machinery of Freedom.
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