Preface ix
An Introduction to Law and Economics 1
I. What Is the Economic Analysis of Law? 3
II. Some Examples 4
III. The Primacy of Efficiency over Distribution
in Analyzing Private Law 7
IV. Why should Lawyers Study Economics? Why Should
Economists Study Law? 10
V. The Plan of This Book 11
2. A Review of Microeconomic Theory 13
I. Overview: The Structure of Microeconomic
Theory 14
II. Some Fundamental Concepts: Maximization,
Equilibrium, and Efficiency 15
III. Mathematical Tools 17
IV. The Theory of Consumer Choice and Demand 21
V. The Theory of Supply 31
VI. Market Equilibrium 33
VII. Game Theory 38
VIII. The Theory of Asset Pricing 42
IX. General Equilibrium and Welfare Economics 43
X. Decision-making Under Uncertainty: Risk and Insurance 49
3. An Introduction to Law and Legal Institutions 59
I. The Civil Law and the Common Law
Traditions 60
II. The Institutions of the Federal and the State Court
Systems in the United States 63
III. The Nature of a Legal Dispute 66
IV. How Legal Rules Evolve 68
4. An Economic Theory of Property 74
I. The Legal Concept of Property 77
II. Bargaining Theory 78
III. The Origins of the Institution of Property:
A Thought Experiment 80
IV. An Economic Theory of Property 85
V. How Are Property Rights Protected? 99
VI. What Can Be Privately Owned?-Public and Private Goods 107
VII. What May Owners Do with Their Property? 110
VIII. On Distribution 111
Appendix: The Philosophical Concept of Property 115
5. Topics in the Economics of Property 119
I. What Can Be Privately Owned? 120
II. How are Property Rights Established and Verified? 144
III. What May Owners Do with Their Property 157
IV. What Are the Remedies for the Violation
of Property Rights? 166
6. An Economic Theory of Contract 188
I. Bargain Theory: An Introduction to Contracts 189
II. An Economic Theory of Contract 195
7. Topics in the Economics of Contract Law 237
I. Remedies as Incentives 237
II. Formation Defenses and Performance Excuses 267
Mathematical Appendix 296
8. An Economic Theory of Tort Law 307
I. Defining Tort Law 309
II. An Economic Theory of Tort Liability 320
Appendix: Liability and Symmetry 348
9. Topics in the Economics of Tort Liability 350
I. Extending the Economic Model 350
II. Computing Damages 368
III. Applying the Economic Theory of Tort
Liability: Tort Law Reform 377
10. An Economic Theory of the Legal Process 388
I. Why Sue? 392
II. Exchange of Information 406
III. Settlement Bargaining 413
IV. Trial 421
V. Appeals 435
11. An Economic Theory of Crime and
Punishment 445
I. The Traditional Theory of Criminal Law 447
II. An Economic Theory of Crime and Punishment 451
12. Topics in the Economics of Crime and Punishment 478
I. Crime in the United States 478
II. Does Punishment Deter Crime? 484
III. Efficient Punishment 492
IV. The Death Penalty 500
V. The Economics of Addictive Drugs and Crime 507
VI. The Economics of Handgun Control 512
Case Index 517
Name Index 519
Subject Index 522