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Full-Text Articles in Law

The Confluence Of Justice And Efficiency In The Economic Analysis Of Law, Robert D. Cooter Nov 2003

The Confluence Of Justice And Efficiency In The Economic Analysis Of Law, Robert D. Cooter

Robert Cooter

Value in economics is usually measured by price (the market tradition). This essay explores the relationship of price and satisfaction to corrective and distributive justice in law. I contend that corrective justice is relevant to all law. Corrective justice and efficiency converge in social norms, that evolve to coordinate behavior. Distributive justice, in contrast, is relevant to some bodies of law and irrelevant to many others, including private law.


Federalism With Two Languages, Robert Cooter Sep 2003

Federalism With Two Languages, Robert Cooter

Robert Cooter

Not available


Treating Yourself Instrumentally: Internalization, Rationality And Law, Robert D. Cooter May 2003

Treating Yourself Instrumentally: Internalization, Rationality And Law, Robert D. Cooter

Robert Cooter

No abstract provided.


The Law And Economics Of Anthropology: A Review , Robert D. Cooter May 2003

The Law And Economics Of Anthropology: A Review , Robert D. Cooter

Robert Cooter

No abstract provided.


Hand Rule Damages For Incompensable Losses, Robert D. Cooter Apr 2003

Hand Rule Damages For Incompensable Losses, Robert D. Cooter

Robert Cooter

No abstract provided.


Truth-Bonding And Other Truth-Revealing Mechanisms For Courts, Robert D. Cooter, Winand Emons Feb 2003

Truth-Bonding And Other Truth-Revealing Mechanisms For Courts, Robert D. Cooter, Winand Emons

Robert Cooter

In trials witnesses often slant their testimony in order to advance their own in- terests. To obtain truthful testimony, the law relies on cross-examination under threat of prosecution for perjury. We show that perjury law is an imperfect truth- revealing mechanism. Moreover, we develop a truth-revealing mechanism for the same set of restrictions under which perjury rules operate. Under this mechanism the witness is sanctioned if a court eventually finds that the testimony was incor- rect; the court need not determine that testimony was dishonest. We explain how truth-revealing mechanisms could combat distortions of observations by factual witnesses and exaggerations …