Efficiency Instead of Justice? Searching for the Philosophical Found
Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to e
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Law and Philosophy Library VOLUME 84
Managing Editors FRANCISCO J. LAPORTA, Department of Law, Autonomous University of Madrid, Spain ALEKSANDER PECZENIK† , Department of Law, University of Lund, Sweden FREDERICK SCHAUER, John F. Kennedy School of Government, Harvard University, Cambridge, Mass., U.S.A. Former Managing Editors AULIS AARNIO, MICHAEL D. BAYLES† , CONRAD D. JOHNSON† , ALAN MABE Editorial Advisory Board AULIS AARNIO, Research Institute for Social Sciences, University of Tampere, Finland ´ ZENON BANKOWSKI, Centre for Law and Society, University of Edinburgh PAOLO COMANDUCCI, University of Genoa, Italy ERNESTO GARZN VALDS, Institut f¨ur Politikwissenschaft, Johannes Gutenberg Universit¨at Mainz JOHN KLEINIG, Department of Law, Police Science and Criminal Justice Administration, John Jay College of Criminal Justice, City University of New York NEIL MacCORMICK, School of Law, University of Edinburgh UK WOJCIECH SADURSKI, European University Institute, Department of Law, Florence, Italy ROBERT S. SUMMERS, School of Law, Cornell University CARL WELLMAN, Department of Philosophy, Washington University
http://www.springer.com/series/6210
EFFICIENCY INSTEAD OF JUSTICE? Searching for the Philosophical Foundations of the Economic Analysis of Law By Klaus Mathis University of Lucerne, Switzerland Translated by
Deborah Shannon
123
Prof. Dr. iur. Klaus Mathis, MA in Economics University of Lucerne Faculty of Law P.O. Box 7464 CH-6000 Lucerne 7 Switzerland [email protected] Translator Deborah Shannon Norwich, United Kingdom [email protected]
ISBN 978-1-4020-9797-3
e-ISBN 978-1-4020-9798-0
DOI 10.1007/978-1-4020-9798-0 Library of Congress Control Number: 2008942998 c Springer Science+Business Media B.V. 2009 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper 9 8 7 6 5 4 3 2 1 springer.com
Preface to the English Edition
Following its acceptance as a doctoral dissertation by the Faculty of Law at the University of Zurich in 2003 and publication in the ‘Schriften zur Rechtstheorie’ series by the academic press Duncker and Humblot in Berlin, Effizienz statt Gerechtigkeit? (1st edn. 2004, 2nd edn. 2006) was received very favourably by a German-speaking readership. It therefore seemed worthwhile to produce an English version of the third, revised and expanded edition (2009) to make the text accessible to a wider audience. The subject of this study is the economic analysis of law, which is examined from the perspective of philosophy of law, including a critical analysis of its philosophical foundations. The ideas with which Richard A. Posner has sought to justify the efficiency paradigm in the field of law are
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