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Towards A Better Explanation Of Law And Economics: Revisiting Rational Choice Theory And The Market As A Framework For Legal Decisions, Sophie Stoyan
Towards A Better Explanation Of Law And Economics: Revisiting Rational Choice Theory And The Market As A Framework For Legal Decisions, Sophie Stoyan
Master of Laws Research Papers Repository
As one of the most popular and influential legal ideologies since its inception in the late 1950s and early 1960s, there is a vast wealth of law and economics scholarship with remarkable breadth encompassing nearly every area of law. Yet despite the abundance of scholarship examining legal issues through a law and economics lens, there is comparatively little literature explaining law and economics itself. This paper seeks to overcome this gap in the literature by more clearly explaining the economic concepts on which the theory is built and the connections between these concepts. In other words, this paper aims to …
Extending Graham's Interpretive Theory Into Common Law: A Multiple-Case Study, Chris Hayes
Extending Graham's Interpretive Theory Into Common Law: A Multiple-Case Study, Chris Hayes
Master of Studies in Law Research Papers Repository
What determines the outcome of judicial decisions? A traditional answer to this question is that it involves a complex application of rules derived from the reasons for judgment of analogous common law decisions and applicable statutes under the doctrine of stare decisis. This answer is problematic. One significant problem of this answer is its inability to explain the outcome of cases where the judgment does not appear to be based on these traditionally recognized sources. An alternative answer, provided by a particular field of legal scholarship, Legal Realism, posits that “other” factors make a significant impact on the outcome …