This paper aims to analyze theories developed both in favor and against privacy protection according to current practices in the West. In the paper, we will examine economic justifications for privacy protection as defined by American economists and jurists, as well as the advantages to be...

The aim of this paper is to demonstrate that liability on the part of a person of unsound mind in respect of an act committed by that person does not alter incentives to act by reason of the fact that when this person commits the unlawful act, he is not in possession of all their faculties....

This article seeks to ascertain whether it is possible to reconcile the ideas of legal economists who believe that it is impossible to pursue equity by imposing single contractual clauses and those of classical legal scholars who assert that even contract law can and must be a tool for the...

The aim of this work is to show how it is possible to identify market failures other than those traditionally identified by lawyers and law and economics scholars to justify the mandatory provisions of contracts between professionals and consumers and the equally mandatory provisions governing...

This paper builds upon the findings of cognitive psychology to revisit the prescriptive solutions proposed in the legal literature with respect to efficient penalty clauses. While refraining from generalizations regarding human behaviour, generalizations that might lead to positions quite...

This paper aims at discovering the situations where a limits of freedom of contract is justified in order to achieve efficiency or to give relevance to a theory of justice. In the work the category of market failure is used and with reference of every market failure potential limits to freedom...

This paper puts in evidence that Shavell idea according to which we can have at least a party that takes an efficient level of activity, in a situation of bilateral accident, with the usual tort rules, is wrong. The most important example that there is this mistake is that authors state that a...

It's a common opinion among law and and economics scholars that with a regime of strict liability or a regime of negligence rule one party (but just one party) adopts an efficient level of activity. It's also a common idea the with a regime of strict liability and a tax on the victim equal to...

This paper examines the positions of Coase and Pigou about the problem of the externalities. From the reading of their most two important works it appears that Coase has a more relevant preference for a evaluation of efficiency at the total, while Pigou, with some exception, is convinced that is...