Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Lawyers, Make Room For Non-Lawyers, Gillian K. Hadfield
Lawyers, Make Room For Non-Lawyers, Gillian K. Hadfield
Gillian K Hadfield
No abstract provided.
Attorney-Client Confidentiality, Gillian K. Hadfield, Shmuel Leshem
Attorney-Client Confidentiality, Gillian K. Hadfield, Shmuel Leshem
Gillian K Hadfield
The protection of information generated and shared in attorney-client relationships is a fundamental attribute of Anglo-American legal systems. Protection of attorney-client confidentiality is the core traditional rationale for several distinctive and arguably non-competitive features of legal markets (Hadfield 2008). This chapter reviews the literature relevant to economic analysis of attorney-client confidentiality, a topic that has not come garnered sustained attention from law and economics scholars. We review the literature on legal advice and strategic revelation and then consider how the disparate threads in the literature might be connected and what unanswered questions remain if we are to reach a better …
Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast
Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Most economic and positive political theory presumes the existence of an effective legal regime (protecting property rights or implementing legislative or judicial choices, for example). Yet social science has devoted little systematic attention to the question of what constitutes distinctively legal order. Most social scientists take for granted that law is defined by the presence of a centralized authority capable of exacting coercive penalties for violations of legal rules. Moreover, the existing approach to analyzing law in economics and positive political theory works with a very thin concept of law, one that does not account for the distinctive attributes of …
Rational Reasonableness: Toward A Positive Theory Of Public Reason, Gillian K. Hadfield, Stephen Macedo
Rational Reasonableness: Toward A Positive Theory Of Public Reason, Gillian K. Hadfield, Stephen Macedo
Gillian K Hadfield
Why is it important for people to agree on and articulate shared reasons for just laws, rather than whatever reasons they personally find compelling? What, if any, practical role does public reason play in liberal democratic politics? We argue that the practical role of public reason can be better appreciated by examining the structural similarities in normative and positive political theory. Specifically, we consider the analytical parallels between Rawls’ account of political liberalism and a rational choice model of legal order recently proposed by Hadfield & Weingast (2011). The positive model proposes that a shared system of reasoning—a common logic—plays …
What Is Law? A Coordination Model Of The Characteristics Of Legal Order, Gillian K. Hadfield, Barry R. Weingast
What Is Law? A Coordination Model Of The Characteristics Of Legal Order, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Legal philosophers have long debated the question, what is law? But few in social science have attempted to explain the phenomenon of legal order. In this article, we build a rational choice model of legal order in an environment that relies exclusively on decentralized enforcement, such as we find in human societies prior to the emergence of the nation state and inmanymodern settings.Wedemonstrate thatwecan support an equilibrium in which wrongful behavior is effectively deterred by exclusively decentralized enforcement, specifically collective punishment. Equilibrium is achieved by an institution that supplies a common logic for classifying behavior as wrongful or not. We …