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A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
Jeffrey L Harrison
The basic goal of copyright law is, at a general level, fairly well understood, yet the law itself seems untethered to any consistent analytical approach designed to achieve that goal. This Article has two goals. The first is to explain in some detail what copyright law might look like if it reflected economic reasoning. The second is to put to the test the question of whether copyright law is as far out of sync with economic guidelines as White-Smith Music and Eldred suggest. In order to understand the economic approach and the inconsistency of copyright law, as well as the …
Egoism, Altruism, And Market Illusions: The Limits Of Law And Economics, Jeffrey L. Harrison
Egoism, Altruism, And Market Illusions: The Limits Of Law And Economics, Jeffrey L. Harrison
Jeffrey L Harrison
The primary objective of this Article is to question assumptions in order to show that the conventional economic approach to law and public policy has limited value. The arguments are founded on empirical evidence drawn from many fields of study. An underlying theme is that the current application of economic analysis to law should be regarded as an interim step toward the integration of law with the behavioral, natural, and social sciences. Part I describes the two forms of the self-interest assumption more completely. This examination reveals that economics and the separate study of law and economics are caught in …