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N problems require N instruments

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  • De Geest, Gerrit

Abstract

Eric Posner (2003) has argued that (contract) law and economics has failed to produce clear policy recommendations because its theoretical results are usually inconclusive and empirical data on the parameters are usually unavailable. Legislators and courts, however, cannot wait to make decisions until scholarship is conclusive; hence the question arises which policy conclusions are the ‘least irrational’ under those circumstances.

Suggested Citation

  • De Geest, Gerrit, 2013. "N problems require N instruments," International Review of Law and Economics, Elsevier, vol. 35(C), pages 42-57.
    • Handle: RePEc:eee:irlaec:v:35:y:2013:i:c:p:42-57
    DOI: 10.1016/j.irle.2013.02.001
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    References listed on IDEAS

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    1. Giuseppe Dari-Mattiacci & Gerrit De Geest, 2005. "The Filtering Effect of Sharing Rules," The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 207-237, January.
    2. Bebchuk, Lucian Ayre & Shavell, Steven, 1991. "Information and the Scope of Liability for Breach of Contract: The Rule of Hadley vs. Baxendale," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 7(2), pages 284-312, Fall.
    3. Friedman, David D, 1989. "An Economic Analysis of Alternative Damage Rules for Breach of Contract," Journal of Law and Economics, University of Chicago Press, vol. 32(2), pages 281-310, October.
    4. Miceli, Thomas J & Segerson, Kathleen, 1995. "Defining Efficient Care: The Role of Income Distribution," The Journal of Legal Studies, University of Chicago Press, vol. 24(1), pages 189-208, January.
    5. Kaplow, Louis & Shavell, Steven, 1994. "Why the Legal System Is Less Efficient Than the Income Tax in Redistributing Income," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 667-681, June.
    6. Craswell, Richard, 1989. "Performance, Reliance, and One-Sided Information," The Journal of Legal Studies, University of Chicago Press, vol. 18(2), pages 365-401, June.
    7. Trimarchi, Pietro, 2003. "Transfers, uncertainty and the cost of disruption," International Review of Law and Economics, Elsevier, vol. 23(1), pages 49-62, March.
    8. Sykes, Alan O, 1990. "The Doctrine of Commercial Impracticability in a Second-Best World," The Journal of Legal Studies, University of Chicago Press, vol. 19(1), pages 43-94, January.
    9. Gerrit De Geest, 2010. "Carrots, Sticks, and the Multiplication Effect," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 26(2), pages 365-384.
    10. Adler, Barry E., 1999. "The Questionable Ascent of Hadley v. Baxendale," Berkeley Olin Program in Law & Economics, Working Paper Series qt3wh5v8j9, Berkeley Olin Program in Law & Economics.
    11. Steven Shavell, 1984. "The Design of Contracts and Remedies for Breach," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 99(1), pages 121-148.
    12. Gerrit De Geest, 2012. "Who Should Be Immune from Tort Liability?," The Journal of Legal Studies, University of Chicago Press, vol. 41(2), pages 291-319.
    13. Aghion, Philippe & Hermalin, Benjamin, 1990. "Legal Restrictions on Private Contracts Can Enhance Efficiency," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(2), pages 381-409, Fall.
    14. White, Michelle J, 1988. "Contract Breach and Contract Discharge Due to Impossibility: A Unified Theory," The Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 353-376, June.
    15. Aghion, Philippe & Hermalin, Benjamin, 1990. "Why Legal Restrictions on Private Contracts Can Enhance Efficiency," Department of Economics, Working Paper Series qt4j76f10g, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
    16. Steven Shavell, 1980. "Damage Measures for Breach of Contract," Bell Journal of Economics, The RAND Corporation, vol. 11(2), pages 466-490, Autumn.
    17. Hughes Hallett, Andrew J, 1989. "Econometrics and the Theory of Economic Policy: The Tinbergen-Theil Contributions 40 Years On," Oxford Economic Papers, Oxford University Press, vol. 41(1), pages 189-214, January.
    18. Miceli, Thomas J., 1997. "Economics of the Law: Torts, Contracts, Property, Litigation," OUP Catalogue, Oxford University Press, number 9780195103908.
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    More about this item

    Keywords

    Indeterminacy; Contract remedies; Specific performance; Expectation measure; Tinbergen;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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