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"Introduction" [2011] ELECD 1058; in Parisi, Francesco (ed), "Production of Legal Rules" (Edward Elgar Publishing, 2011)

Book Title: Production of Legal Rules

Editor(s): Parisi, Francesco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848440326

Section Title: Introduction

Number of pages: 3

Extract:

Introduction


In recent years literature in law and economics directed its attention to the study
of law as a product. These contributions are of great theoretical and practical
importance. This volume collects original contributions from several scholars
that have been protagonists in this trend in the literature. viewed in its entirety,
this volume provides comprehensive coverage of alternative sources of law,
such as legislation, judge-made law, custom, and treaty law. Individual chapters
focus on the characteristics of specific instruments of legal intervention and
on broader topics such as conflict of law, federalism, regulatory competition,
and law and development. Selecting topics for inclusion in this volume was
far from easy. The final selection hopefully strikes a good balance between the
need for systematic coverage and practical relevance.
The volume is divided into five parts. Part I includes chapters on the economics
of legislation and regulation. The first chapter by Stefan Voigt covers issues
of constitutional design of lawmaking. The second chapter by Louis Kaplow
discusses the general characteristics of legal rules. In the following chapters,
Barbara Luppi and Francesco Parisi detail the optimal specificity of laws and the
distinction between rules and standards, Nita Ghei discusses the optimal timing
of legal intervention, and Georg von wangenheim analyzes the production of
legal rules by agencies and bureaucracies.
part II of this volume considers judge-made law, with original contributions
by paul H. Rubin on the economics of judge-made law, Todd zywicki and
Edward Peter Stringham on the efficiency of the ...