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  • © 2020

Economics in Legal Reasoning

Palgrave Macmillan
  • Offers a concise and accessible, yet comprehensive, overview of the role economics does and could play in legal reasoning
  • Contributions are written by scholars who have the rare set of interdisciplinary competencies needed to explore the topic of "economics in legal reasoning"
  • Accessibility makes this book particularly apt for teaching purposes in courses on legal reasoning and on Law & Economics

Part of the book series: Palgrave Studies in Institutions, Economics and Law (PSIEL)

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Table of contents (9 chapters)

  1. Front Matter

    Pages i-vii
  2. Introduction

    • Péter Cserne, Fabrizio Esposito
    Pages 1-6
  3. Foundations

    1. Front Matter

      Pages 7-7
    2. What Is Legal Reasoning About: A Jurisprudential Account

      • Damiano Canale, Giovanni Tuzet
      Pages 9-24
  4. Economics and Legal Interpretation

    1. Front Matter

      Pages 43-43
  5. Economics and Fact-Finding

    1. Front Matter

      Pages 81-81
    2. What Is Forensic Economics?

      • Jan Broulík
      Pages 83-99
    3. Why Do US Judges Reject Antitrust Experts?

      • Nicola Giocoli
      Pages 101-117
  6. New Perspectives

    1. Front Matter

      Pages 119-119
    2. Fostering the Autonomy of Legal Reasoning Through Legal Realism

      • Felipe Figueroa Zimmermann
      Pages 121-137
    3. Reverse Engineering Legal Reasoning

      • Fabrizio Esposito
      Pages 139-154
  7. Back Matter

    Pages 155-159

About this book

This Palgrave Pivot is the first book in the field of Law & Economics looking at the relationship between economics and law in legal reasoning. The book constitutes a reference point for the economic analysis of legal institutions, as legal reasoning remains the dimension of legal systems least explored by economists.

Despite their differences, economics and legal reasoning interact in many interesting ways. This book offers a fast track to these interactions. Both supporters and critics of Law & Economics will be exposed to a yet-to-be developed area of interaction between the disciplines.

This book will be of interest to economists, legal scholars, and Law and Economics specialists, and can be used as teaching material in courses on Law & Economics and legal reasoning as well.

Reviews

“In Economics in Legal Reasoning, Péter Cserne and Fabrizio Esposito have brought together important new works which will bolster the dialogue between economics scholars, legal scholars, and legal practitioners on economics in legal reasoning, a topic that has not received enough attention so far. It will be beneficial reading for scholars, lawyers, and judges everywhere.” (Brian H. Bix, Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota, USA)

“A fascinating collection of essays on the contribution which economics can make to legal reasoning. The two extremes are shunned:  that legal reasoning is necessarily self-contained; and that economic methodology can invariably provide a litmus test of what is legally appropriate. A more nuanced appraisal of the relationship between the two discourses is explored, offering a wealth of insights for lawyers and economists alike.” (Anthony Ogus, Emeritus Professor, Universities of Manchester, UK, and Rotterdam, The Netherlands)


Editors and Affiliations

  • University of Aberdeen, Aberdeen, UK

    Péter Cserne

  • Université catholique de Louvain, Louvain-la-Neuve, Belgium

    Fabrizio Esposito

About the editors

Dr Péter Cserne is Reader in Law at Aberdeen University, Scotland, UK and an Extramural Fellow of Tilburg Law and Economics Center (TILEC), Netherlands. He has held visiting positions at Columbia University, University of Oxford, University of Genoa and University of Toronto and the Max Planck Institute in Hamburg. A lawyer and economist by training, he has published widely on legal theory, economic analysis of law, and contracts. He is the founder and convener of MetLawEcon, an international academic network for research on the foundations of Law & Economics.

Dr Fabrizio Esposito is a postdoctoral Fellow at the Université Catholique de Louvain and an Extramural Fellow at the Nova Law School, Lisbon, Portugal. Previously, he was a Postdoctoral Fellow at the Tel Aviv University, Israel, and defended his PhD thesis entitled Law and Economics United in Diversity at the European University Institute, Italy. He studies the relationship between economics, EU law, and legal theory with a particular focus on antitrust and consumer law. Fabrizio has joined Péter in the management of MetaLawEcon, an international academic network for research on the foundations of Law & Economics.

Bibliographic Information

  • Book Title: Economics in Legal Reasoning

  • Editors: Péter Cserne, Fabrizio Esposito

  • Series Title: Palgrave Studies in Institutions, Economics and Law

  • DOI: https://doi.org/10.1007/978-3-030-40168-9

  • Publisher: Palgrave Macmillan Cham

  • eBook Packages: Economics and Finance, Economics and Finance (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2020

  • Hardcover ISBN: 978-3-030-40167-2Published: 01 July 2020

  • Softcover ISBN: 978-3-030-40170-2Published: 01 July 2021

  • eBook ISBN: 978-3-030-40168-9Published: 30 June 2020

  • Series ISSN: 2662-6535

  • Series E-ISSN: 2662-6543

  • Edition Number: 1

  • Number of Pages: VII, 159

  • Topics: Law and Economics

Buy it now

Buying options

eBook USD 44.99
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 59.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 59.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access