The Normativity of Law in Law and Economics Péter Cserne* 1. Introduction This paper is about some theoretical and methodological problems of law and economics (economic analysis of law, EAL). More specifically, I will use game theoretical insights to answer the question, relevant both for law...

This paper is forthcoming as a chapter in Contract Law and Economics, ed. Gerrit de Geest (Cheltenham: Elgar 2009) [Elgar Encyclopedia of Law and Economics 2nd ed.] and its goal is to provide an overview of the economic analyses of contractual duress. The focus is on distinctive features of the...

Freedom of contract is a principle of law, expressing three related ideas: parties should be free to choose their contracting partners (‘party freedom'), to agree freely on the terms of their agreement (‘term freedom') and where agreements have been freely made, parties should be held to...

In this paper I discuss the conceptual and methodological background of an economic approach to paternalism in contract law. This serves as a case study to the general theme of this collective volume: the role of inter- and multi-disciplinary research in jurisprudence

As a matter of theory, paternalism draws attention to philosophical and methodological difficulties involved in the justification of the limitations on freedom of individual choice in market and non-market settings. After a brief overview of the conceptual and justificatory problems surrounding...

This is an excerpt of my book "Freedom of Contract and Paternalism: Prospects and Limits of an Economic Approach" published by Palgrave end of 2012. It includes TOC, the Introduction, and the index. Recent regulatory ideas like libertarian paternalism and nudge indicate how policy discourse over...

Richard Musgrave coined the terminology of merit wants and merit goods in the 1950s in the context of the theory of public finance. He pointed out that certain goods such as free school lunches or subsidies to low cost housing did not have pure public or private good characteristics. If a...

Chapter 1. Introduction -- Part 1. Foundations -- Chapter 2. What is legal reasoning about: a jurisprudential account -- Chapter 3. Economic approaches to legal reasoning: an overview -- Part 2. Economics and Legal Interpretations -- Chapter 4. Economics in judicial decision-making: four types...