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The Economics of Law: Economic Imperialism in Negligence Law, No‐Fault Insurance, Occupational Licensing and Criminology?

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  • Peter L. Swan

Abstract

The aim is to examine the contribution which economic and quantitative analysis can make to a better understanding of the law. I concentrate on the common law action of negligence and how it is related to the optimal deterrence of accidents, rather than to the compensation of all accident victims. A critique is made of the New South Wales Law Reform Commission's proposal to prohibit negligence actions for motor vehicle accidents and to introduce a compulsory ‘no‐fault’ scheme. An econometric analysis of new Zealand and Australian ‘no‐fault’ schemes finds that the negligence system appears to have some deterrent effect on motor vehicle accidents.

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  • Peter L. Swan, 1984. "The Economics of Law: Economic Imperialism in Negligence Law, No‐Fault Insurance, Occupational Licensing and Criminology?," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 17(3), pages 92-108, November.
    • Handle: RePEc:bla:ausecr:v:17:y:1984:i:3:p:92-108
    DOI: 10.1111/j.1467-8462.1984.tb00460.x
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    Cited by:

    1. Maureen Brunt, 1984. "Comment: on ‘The Economic of Law’," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 17(3), pages 113-119, November.
    2. Paul Heyne, 1984. "Comment: on ‘The Economics of Law’," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 17(3), pages 109-112, November.
    3. Mark Harrison, 2013. "Evidence-free Policy: The Case of the National Injury Insurance Scheme," Agenda - A Journal of Policy Analysis and Reform, Australian National University, College of Business and Economics, School of Economics, vol. 20(1), pages 55-70.
    4. Alan Woodfield, 1996. "Car Seat-Belt Regulations, Offsetting Behaviour, and Liability Rules," Agenda - A Journal of Policy Analysis and Reform, Australian National University, College of Business and Economics, School of Economics, vol. 3(4), pages 459-470.

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