Category Archives: Tort Law

Harry Potter and the Trouble with Tort Theory

Imagine that upon graduation from Hogwarts School of Witchcraft and Wizardry, Harry Potter goes to law school. As a 1L, he takes torts from a professor with an economist’s view of the institution. She teaches Potter that tort law aims to minimize the sum of the costs of accidents and… Read More » Continue reading

Posted in Law & Economics, Law and Economics, Law Review Article, Stanford Law Review, Thought Experiment, Tort Law, Torts | Comments Off

Commensurability and Agency

Introduction
In this Editorial we focus our attention on two concerns for Law and Economics (LE). The first relates to commensurability and the second focuses on agency. Both concerns are central to LE. The first concern questions the dominant method LE uses for making substantive decisions. The second concern challenges… Read More » Continue reading

Posted in Agency, Commensurability, Cornell Law Review, Criminal Law & Procedure, Dignity, Human Rights, Instrumental Considerations, Interpersonal Comparisons, Law & Economics, Law & Politics/Social Science, Law Review Article, Legal Philosophy & Critical Theory, Lexical Order, Non-Transitivity, Post Type, Privatization, Public Officials, Schools, Social Value, Societal Decisions, Topics, Tort Law, Torture | Comments Off