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Selected Works

2012

Tort Liability

Articles 1 - 5 of 5

Full-Text Articles in Law

The Failure Of Decoupling Liability And Other Mistakes In Tort Law, Enrico Baffi Jan 2012

The Failure Of Decoupling Liability And Other Mistakes In Tort Law, Enrico Baffi

enrico baffi

It's a common opinion among law and and economics scholars that with a regime of strict liability or a regime of negligence rule one party (but just one party) adopts an efficient level of activity. It's also a common idea the with a regime of strict liability and a tax on the victim equal to expected damage both parties take an efficent level of activity. We expalin in this paper why this opinions are wrong. The basic fact is that it is not considered by these opinions that, in order to have an efficient level of activity, it's necessary a …


The Problem Of Internalization Of Social Costs And The Ideas Of Ronadl Coase, Enrico Baffi Jan 2012

The Problem Of Internalization Of Social Costs And The Ideas Of Ronadl Coase, Enrico Baffi

enrico baffi

In this paper, I try to show that, although some arguments elaborated by Coase do not have a great practical importance, and that it seems that the most important one against a system of remedies for each externalities (if we are able to define this concept) is difficult to create, Coase has understood many problems that they have been at the basis of later studies in tort and property law; but, what is more important here, is to underline that a system of remedies for every externalities have been refused by eminent scholars after Coase The work of the English …


The Problem Of Internalization Of Social Costs. The Ideas Of Ronald Coase And The Discovery Of Another Very Important Intuition Of The English Author, Enrico Baffi Jan 2012

The Problem Of Internalization Of Social Costs. The Ideas Of Ronald Coase And The Discovery Of Another Very Important Intuition Of The English Author, Enrico Baffi

enrico baffi

In this paper Coase makes four criticisms to Pigou tradition. Probably the most important one is the criticism that states that it is impossible to have a tax for each externality. this is the less fascinating argument but it is also very convincing. However, in Coase paper, there is an intuition that partially destroys the conclusions that scholars have reached about tort law. Coase teaches us that decoupling in not sufficient to have an efficient result. I f you want that a party bears all the social costs than that party if she moves near a factory she should pay …


Coase V. Pigou: A Still Difficult Debate After Fifty Years, Enrico Baffi Jan 2012

Coase V. Pigou: A Still Difficult Debate After Fifty Years, Enrico Baffi

enrico baffi

This paper examine the positions of Coase and Pigou about the problem of the externalities. From the reading of their most two important works it appears that Coase has a more relevant preference for a evaluation of efficiency at the total, while Pigou, with some exception, is convinced that is possible to reach marginal efficiency through taxes. It’s interesting that Coase, who has elaborated the famous theorem, is convinced that is not i to reach the efficiency at the margin every time and that sometimes is necessary a valuation at the total, that tells us which solution is more welfare …


Casev. Pigou: A Still Difficult Debate, Enrico Baffi Jan 2012

Casev. Pigou: A Still Difficult Debate, Enrico Baffi

enrico baffi

This paper examine the positions of Coase and Pigou about the problem of the externalities. From the reading of their most two important works it appears that Coase has a more relevant preference for a evaluation of efficiency at the total, while Pigou, with some exception, is convinced that is possible to reach marginal efficiency through taxes or compensation. It’s interesting that Coase, who has elaborated the famous theorem, is convinced that is not important to reach the efficiency at the margin every time and that sometimes is necessary a valuation at the total, that tells us which solution is …