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This book focuses on the analysis of liability rules of tort law from an efficiency perspective, presenting a comprehensive analysis of these rules in a self-contained and rigorous yet accessible manner. It establishes general results on the efficiency of liability rules, including complete characterizations of efficient liability rules and efficient incremental liability rules. The book also establishes that the untaken precaution approach and decoupled liability are incompatible with efficiency.
The economic analysis of tort law has established that for efficiency it is necessary that each party to the interaction must be made to internalize the harm resulting from the interaction. The characterization and impossibility theorems presented in this book establish that, in addition to internalization of the harm by each party, there are two additional requirements for efficiency. Firstly, rules must be immune from strategic manipulation. Secondly, rules must entail closure with respect to the parties involved in the interaction giving rise to the negative externality, i.e., the liability must not be decoupled.
List of contents
Chapter 1. Introduction.- Chapter 2. Efficiency Criteria.- Chapter 3. The Structure of Efficient Liability Rules.- Chapter 4. Decoupled Liability and Efficiency.- Chapter 5. Negligence as Failure to Take Some Cost-Justified Precaution.- Chapter 6. The Structure of Incremental Liability Rules.- Chapter 7. The Negligence Rule.- Chapter 8. Decomposition of Loss and a Class of Negligence Rules.- Chapter 9. Multiple Injurers and Victims.- Chapter 10. Epilogue.
About the author
Satish K. Jainis Professor at the Centre for Economic Studies and Planning, Jawaharlal Nehru University (JNU), New Delhi, India. He did his Master's in Economics from Delhi School of Economics, and Ph.D. from the University of Rochester, USA. His areas of interest are law and economics, and social choice theory.
Summary
This book focuses on the analysis of liability rules of tort law from an efficiency perspective, presenting a comprehensive analysis of these rules in a self-contained and rigorous yet accessible manner. It establishes general results on the efficiency of liability rules, including complete characterizations of efficient liability rules and efficient incremental liability rules. The book also establishes that the untaken precaution approach and decoupled liability are incompatible with efficiency.
The economic analysis of tort law has established that for efficiency it is necessary that each party to the interaction must be made to internalize the harm resulting from the interaction. The characterization and impossibility theorems presented in this book establish that, in addition to internalization of the harm by each party, there are two additional requirements for efficiency. Firstly, rules must be immune from strategic manipulation. Secondly, rules must entail closure with respect to the parties involved in the interaction giving rise to the negative externality, i.e., the liability must not be decoupled.
Additional text
“The book under review is an excellent text which deals with some key topics in the field of law and economics … . most fascinating element of this book is its elegant framework of analysis which is simple and yet quite general and rigorous. … This book has the potential to foster further study of law and legal system … . It is highly recommended for those who are looking for research agenda in the field of law and economics.” (Papiya Ghosh, Indian Economic Review, Vol. 52, 2017)
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"The book under review is an excellent text which deals with some key topics in the field of law and economics ... . most fascinating element of this book is its elegant framework of analysis which is simple and yet quite general and rigorous. ... This book has the potential to foster further study of law and legal system ... . It is highly recommended for those who are looking for research agenda in the field of law and economics." (Papiya Ghosh, Indian Economic Review, Vol. 52, 2017)
