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Risks and Wrongs Jules L. Coleman (Yale University, Connecticut)

Risks and Wrongs By Jules L. Coleman (Yale University, Connecticut)

Summary

One of America's most eminent legal theorists is concerned here with the conflict between the goals of justice and economic efficiency in the allocation of risk within this major new study for theorists in philosophy, law, political science, and economics.

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Risks and Wrongs Summary

Risks and Wrongs by Jules L. Coleman (Yale University, Connecticut)

This major new book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional 'rational choice' liberalism in favor of the view that the market operates as a rational way of fostering stable relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible.

Risks and Wrongs Reviews

"Coleman concludes that efficiency matters in the law because of the way that markets and other coordinating devices such as tort rules help us to achieve other goals in liberal society. This is a valuable conclusion that provides one of the many reasons why this book should be of great interest to anyone who seeks to understand the normative dimension that efficiency occupies in the law." Mark Geistfeld, New York University, in Journal of Economic Literature

Table of Contents

Preface; Acknowledgements; Introduction; Part I. The Market Paradigm: 1. Rationality and cooperation; 2. Competition and cooperation; 3. Law and markets; 4. Efficiency and market failure; Part II. Safeguard and Risks: 5. The rational agreement; 6. Safeguarding; 7. Calculus and contexts; 8. Filling in the gaps; 9. From contracts to torts; Part III. Rectifiable Wrongs: 10. The goals of tort law; 11. Fault and strict liability; 12. The ecomomic analysis of torts; 13. Reciprocity of risk; 14. Causation, responsibility, and strict liability; 15. Liability and recovery; 16. The mixed conception of corrective justice; 17. Wrongfulness; 18. Corrective justice and tort law; 19. Justifiable departures from corrective justice; 20. Product liability; 21. Liberalism revisited; Notes; Index.

Additional information

CIN0521428610G
9780521428613
0521428610
Risks and Wrongs by Jules L. Coleman (Yale University, Connecticut)
Used - Good
Paperback
Cambridge University Press
1992-11-27
528
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - Risks and Wrongs