The Economics of Justice

The Economics of Justice

by Richard A. Posner

Posner uses economic analysis to probe justice and efficiency, primitive law, privacy, and the constitutional regulation of racial discrimination.See more details below


Posner uses economic analysis to probe justice and efficiency, primitive law, privacy, and the constitutional regulation of racial discrimination.

Product Details

Harvard University Press
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6.19(w) x 9.30(h) x 1.21(d)

Table of Contents

1. An Introduction to the Economics of Nonmarket Behavior

The Plan of the Book

PART I: Justice and Efficiency

2. Blackstone and Bentham

Blackstone's Commentaries

Bentham's Antipathy to Blackstone

Blackstone and Bentham Compared

3. Utilitarianism, Economics, and Social Theory

Some Problems of Utilitarianism

Wealth Maximization as an Ethical Concept

4. The Ethical and Political Basis of Wealth Maximization

The Consensual Basis of Efficiency

Implications for the Positive Economic Analysis of Law

Dworkin's Critique of Wealth Maximization

PART II: The Origins of Justice

5. The Homeric Version of the Minimal State

A Taxonomy of Limited Government

Government and Political Values in Homer

The Homeric Social Order

Homeric Individualism

Some Modern Parallels

The Theory of the State

6. A Theory of Primitive Society

The Costs of Information

A Model of Primitive Society

Other Primitive Adaptations to High Information Costs

7. The Economic Theory of Primitive Law

The Legal Process



Family Law

The System of Strict Liability in Tort

Criminal Law

8. Retribution and Related Concepts of Punishment

From Revenge to Retribution, and Beyond

Pollution: Retribution against Neighbors and Descendants

Guilt versus Responsibility

PART III: Privacy and Related Interests

9. Privacy as Secrecy

The Economics of Private Information and Communications

The Tort Law of Privacy

10. A Broader View of Privacy

The Etymology of Privacy: Seclusion and Autonomy

Evidence for the Economic Theory of Privacy

The Common Law and the Economic Theory of Privacy

Defamation and Disparagement

The Statutory Privacy Movement

11. The Privacy Jurisprudence of the Supreme Court

Privacy Cases before Griswold

The Griswold Decision

Privacy in the Supreme Court since Griswold


PART IV: The Supreme Court and Discrimination

12. The Law and Economics of Discrimination

13. The DeFunis Case and Reverse Discrimination

The Reasonableness of Reverse Discrimination

The Constitutional Issue

14. Bakke, Weber, and Beyond




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