296 pages | 14 B/W Illus.
The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts’ decisions from an economic angle.
Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases.
This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.
"This book surveys the case law on property from an economic perspective, with the goal of offering new insights into the resolution of actual legal disputes drawn from several countries. It will be of interest to law professors and students, practicing lawyers with an interest in economics, and economists with an interest in law." – Thomas J. Miceli, Professor of Economics, University of Connecticut, USA.
"This book will be a welcome addition to those who teach law and economics and those of an interdisciplinary disposition. With its primary focus on cases and how Coasian/Post-Coasian economics might give new light to the issues that encapsulate these cases it makes classic economic concepts such as externalities come alive again as ideas to be taken out of the textbooks and experimented with as a practical tool to understand the human condition". — Daniel Blackshields, School of Economics and Teaching Fellow Reflective Practice, University College, Cork, Chair for Academic Standards, Cork University Business School.
List of Figures
List of Tables
Chapter 1. Definition and Extent of Property Rights
Chapter 2: Common Property
Chapter 3: Nuisance
Chapter 4: Fragmentation of Property Rights. Easements
Chapter 5: Takings
Chapter 6: Verification of Property Rights: Possession and Registration
Routledge are proud to be the publishers of the prestigious series The Economics of Legal Relationships, which is sponsored by Michigan State University College of Law, and which continues to be edited by Professors Nicholas Mercuro of Michigan State University College of Law and Michael D. Kaplowitz of the Department of Community Sustainability, Michigan State University, USA. This series, with a fine back catalogue of books, is dedicated to publishing original scholarly contributions that systematically analyze legal-economic issues.