The Legal Analyst: A Toolkit for Thinking about the Law [NOOK Book]

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Overview

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.

From classic ideas in game theory ...

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The Legal Analyst: A Toolkit for Thinking about the Law

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Overview

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.

From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.

The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.

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Editorial Reviews

David J. Bederman
“This is an outstanding book that occupies a significant and unique niche in the literature of jurisprudence and legal methodology. Farnsworth introduces students and practitioners alike to basic methods of legal analysis across a broad range of disciplines. This book should become the ultimate ‘toolkit’ for those new to the profession.”
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Product Details

Meet the Author



Ward Farnsworth, who clerked for both Judge Richard A. Posner and Justice Anthony M. Kennedy, is professor of law and Nancy Barton Scholar at the Boston University School of Law. He is the coauthor of Torts: Cases and Questions.

 

 

 

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Table of Contents



Preface · vii
Acknowledgments · xi

Part I. Incentives

1 Ex Ante and Ex Post
2 The Idea of Efficiency
3 Thinking at the Margin
4 The Single Owner
5 The Least Cost Avoider
6 Administrative Cost
7 Rents
8 The Coase Theorem

Part II. Trust, Cooperation, and Other Problems for Multiple Players

9 Agency (with Eric Posner)
10 The Prisoner’s Dilemma
11 Public Goods
12 The Stag Hunt
13 Chicken
14 Cascades
15 Voting Paradoxes
16 Suppressed Markets (with Saul Levmore)

Part III. Jurisprudence

17 Rules and Standards
18 Slippery Slopes (with Eugene Volokh)
19 Acoustic Separation
20 Property Rules and Liability Rules
21 Baselines

Part IV . Psychology

22 Willingness to Pay and Willingness to Accept: The Endowment Effect and Kindred Ideas
23 Hindsight Bias
24 Framing Effects
25 Anchoring
26 Self-Serving Bias, with a Note on Attribution Error

Part V. Problems of Proof

27 Presumptions
28 Standards of Proof
29 The Product Rule
30 The Base Rate
31 Value and Markets
 
Notes
Author Index
Subject Index
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Sort by: Showing all of 11 Customer Reviews

  • Anonymous

    Posted August 11, 2007

    'Tool Kit' is Right. Real-World Value

    Is it wrong of me to argue before the local Bench while relying on what I've learned from 'The Legal Analyst' without giving Ward Farnsworth credit? It's been a very long time since I've enjoyed any book more than 'The Legal Anaylst.' I read about it on the Volokh Conspiracy and I imagined 'theory.' But I quickly realized it has, for me, such real-world value that I consider it one of my most essential tools. Besides, it's just plain good reading.

    1 out of 1 people found this review helpful.

    Was this review helpful? Yes  NoThank you for your feedback.   Report this reviewThank you, this review has been flagged.

  • Posted April 16, 2012

    Bi Line should say "Power" Tool Kit for thinking about the law.

    I read this book while studying for the bar in Alabama. I wish I had read it earlier.

    Most stuff from law school wont help you prepare for the bar or practice except the ability to sit still and read cases for 9 1/2 hours. The Legal Analyst fills in the crevasses; law is making more sense now. I can see several moves ahead when before I felt I was just moving through a haze of opinions that seemed to contradict each other.
    Great Stuff.

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  • Anonymous

    Posted February 9, 2012

    "Shoulder shrug"

    Not very sure about this one. Informative but repetitive (in a good way).
    However, I am glad to know more now than I did before I purchased the book. The inside stories were intriguing. I wouldv'e liked more of those. I really needed this information.

    Was this review helpful? Yes  NoThank you for your feedback.   Report this reviewThank you, this review has been flagged.

  • Posted December 29, 2009

    a recomended book

    If someone is in the legal business must read this book

    Was this review helpful? Yes  NoThank you for your feedback.   Report this reviewThank you, this review has been flagged.

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    Posted May 27, 2012

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