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Series

2006

Berkeley Law

Rule of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert J. Maccoun Jan 2006

Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert J. Maccoun

Faculty Scholarship

No abstract provided.


The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter Jan 2006

The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter

Faculty Scholarship

Economic theory distinguishes sharply between what a person wants and what he can have. "Preferences" describe what a person wants, and "constraints" describe the limits of what he can have. The collision of preferences and constraints yields the choices that economists study. The meaning of both terms is broad and flexible. Preferences and constraints help to distinguish between the internal and external viewpoints that H. L. A. Hart made famous. The internal viewpoint concerns preferences to perform legal obligations. A person who prefers to obey a law is willing to give up something to perform his legal obligation. The preference ...