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How To Do Things With Hohfeld, Pierre Schlag
How To Do Things With Hohfeld, Pierre Schlag
Pierre Schlag
This article provides a comprehensive account of Hohfeld's 1913 article on jural relations and draws out some crucial critical, political, and economic implications. Hohfeld's "platform" is presented as an important contribution to contemporary legal thought and as a powerful antidote for common legal reasoning errors.
Coase Minus The Coase Theorem--Some Problems With Chicago Transaction Cost Analysis, Pierre Schlag
Coase Minus The Coase Theorem--Some Problems With Chicago Transaction Cost Analysis, Pierre Schlag
Pierre Schlag
In law as well as economics, the most well-known aspect of Coase’s “The Problem of Social Cost,” is the Coase Theorem. Over the decades, that particular notion has morphed into a crucial component of Chicago law and economics—namely, transaction cost analysis. In this Article, I deliberately bracket the Coase Theorem to show that “The Problem of Social Cost” contains far more interesting and unsettling lessons—both for law as well as for economics. Indeed, while Coase’s arguments clearly target the Pigouvian attempts to “improve on the market” through government correctives, there is, lurking in those arguments, a much more profound critique …