The Legal Analyst: A Toolkit for Thinking about the Law
Autor Ward Farnsworthen Limba Engleză Paperback – 15 iun 2007
There
are
two
kinds
of
knowledge
law
school
teaches:
legal
rules
on
the
one
hand,
and
tools
for
thinking
about
legal
problems
on
the
other.
Although
the
tools
are
far
more
interesting
and
useful
than
the
rules,
they
tend
to
be
neglected
in
favor
of
other
aspects
of
the
curriculum.
InThe
Legal
Analyst,
Ward
Farnsworth
brings
together
in
one
place
all
of
the
most
powerful
of
those
tools
for
thinking
about
law.
From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.
The Legal Analystis an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.
The Legal Analystis an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
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Specificații
ISBN-13: 9780226238357
ISBN-10: 0226238350
Pagini: 326
Ilustrații: 1 table
Dimensiuni: 152 x 229 x 23 mm
Greutate: 0.48 kg
Ediția:New ed.
Editura: University of Chicago Press
Colecția University of Chicago Press
ISBN-10: 0226238350
Pagini: 326
Ilustrații: 1 table
Dimensiuni: 152 x 229 x 23 mm
Greutate: 0.48 kg
Ediția:New ed.
Editura: University of Chicago Press
Colecția University of Chicago Press
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Notă biografică
Ward Farnsworth, who clerked for both Judge Richard A. Posner and Justice Anthony M. Kennedy, is professor of law and Nancy Barton Scholar at the Boston University School of Law. He is the coauthor of Torts: Cases and Questions.
Cuprins
Preface · vii
Acknowledgments · xi
Part I. Incentives
1 Ex Ante and Ex Post
2 The Idea of Efficiency
3 Thinking at the Margin
4 The Single Owner
5 The Least Cost Avoider
6 Administrative Cost
7 Rents
8 The Coase Theorem
Part II. Trust, Cooperation, and Other Problems for Multiple Players
9 Agency (with Eric Posner)
10 The Prisoner’s Dilemma
11 Public Goods
12 The Stag Hunt
13 Chicken
14 Cascades
15 Voting Paradoxes
16 Suppressed Markets (with Saul Levmore)
Part III. Jurisprudence
17 Rules and Standards
18 Slippery Slopes (with Eugene Volokh)
19 Acoustic Separation
20 Property Rules and Liability Rules
21 Baselines
Part IV . Psychology
22 Willingness to Pay and Willingness to Accept: The Endowment Effect and Kindred Ideas
23 Hindsight Bias
24 Framing Effects
25 Anchoring
26 Self-Serving Bias, with a Note on Attribution Error
23 Hindsight Bias
24 Framing Effects
25 Anchoring
26 Self-Serving Bias, with a Note on Attribution Error
Part V. Problems of Proof
27 Presumptions
28 Standards of Proof
29 The Product Rule
30 The Base Rate
31 Value and Markets
Notes
Author Index
Subject Index
Author Index
Subject Index
Recenzii
“This
is
an
outstanding
book
that
occupies
a
significant
and
unique
niche
in
the
literature
of
jurisprudence
and
legal
methodology.
Farnsworth
introduces
students
and
practitioners
alike
to
basic
methods
of
legal
analysis
across
a
broad
range
of
disciplines.
This
book
should
become
the
ultimate
‘toolkit’
for
those
new
to
the
profession.”
“This is one of those rare books that will actually raise the level of analysis at every law school in the country. A must-read not only for students just beginning law school, but indeed for anyone who could use a reminder of how diverse and powerful the legal toolkit really is.”
“This book is a very accessible introduction to the major ideas of modern legal thinking and useful survey of current thinking in the field. It covers an extraordinarily broad range of topics in a limited space and is very clearly written, studded with interesting examples and observations. It can profitably be read by law students, lawyers, and lay people with an interest in the legal system.”
“The Legal Analyst provides an engaging and enlightening introduction to the most essential concepts of legal reasoning. In exceptionally clear prose, Ward Farnsworth walks the reader through concepts such as the Coase Theorem, the Prisoner’s Dilemma, and Property Rules and Liability Rules—peeling away the fog of confusion that often envelops them to reveal the deep and startlingly simple insights that they offer. The reader comes away from the book with a toolkit of ideas that can be used to take apart and examine almost any legal issue.”
Descriere
There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.
From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.
The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.
The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.