The Economics of Lawmaking

ISBN: 9780195374155 出版年：2009 页码：346 Parisi, Francesco Fon, Vincy Oxford University Press

Acknowledgements Introduction PART I ? Lawmaking through Legislation: Codified Law Chapter 1. Lawmaking through Legislation: An Introduction Chapter 2. Optimal Specificity of Laws: Rules versus Standards Chapter 3. Optimal Timing of Legal Intervention: Lawmaking under Uncertainty Chapter 4. Optimal Territorial Scope of Laws: Subsidiarity and Legal Harmonization PART II ? Lawmaking through Adjudication: Judge-Made Law Chapter 5. Lawmaking through Adjudication: An Introduction Chapter 6. Litigation and the Evolution of Legal Remedies Chapter 7. Judicial Path-Dependence and Legal Change Chapter 8. Theories of Legal Precedent: Stare Decisis and Jurisprudence Constante PART III ? Lawmaking through Practice: Customary Law Chapter 9. Lawmaking through Practice: An Introduction Chapter 10. Fostering the Emergence of Customary Law Chapter 11. Customary Law and Articulation Theories Chapter 12. Stability and Change in Customary Law PART IV ? Lawmaking through Agreement: Treaty Law Chapter 13. Lawmaking through Agreement: An Introduction Chapter 14. Formation and Accession to Treaties Chapter 15. Ratification and Reservations: The Effects of Reciprocity Chapter 16. The Hidden Bias of Treaty Law Conclusions