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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.
|Publisher:||University of Chicago Press|
|Series:||Late Medieval and Early Renaissance Music in Facsimile Series|
|Sold by:||Barnes & Noble|
|File size:||586 KB|
About 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.
Table of ContentsPreface · 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
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
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
Part IV . Psychology
22 Willingness to Pay and Willingness to Accept: The Endowment Effect and Kindred Ideas
23 Hindsight Bias
24 Framing Effects
26 Self-Serving Bias, with a Note on Attribution Error
Part V. Problems of Proof
28 Standards of Proof
29 The Product Rule
30 The Base Rate
31 Value and Markets Notes