From: Jason W Neyers <jneyers@uwo.ca>
Sent: Wednesday 27 September 2023 13:51
To: obligations
Subject: ODG: Just published!
Attachments: 9781009159227_The Analytical Failures of Law and
Economics_Flyer - 2023-09.pdf
Dear
Colleagues:
Congratulations
go out to Shawn Bayern, an ODGer from the United States, on the publication of
two books that may be of interest to you. The first is a monograph
entitled The Analytical Failures of Law and Economics from Cambridge
University Press: https://www.cambridge.org/core/books/analytical-failures-of-law-and-economics/624CFFA33D9DB348C83F86CF1669207F.
From the
description:
The law-and-economics movement remains a
dominant force in American private law, even though courts and commentators
recognize that many of its assumptions are implausible and that efficiency is
not the law's only goal. This book adds to the debate by showing that many
leading law-and-economics arguments fail on their own terms, even for those who
accept their most important assumptions and goals. Adopting an analytical
approach and using some law-and-economics methods against the leading arguments
in that field, Shawn Bayern shows that economic thinking fails to explain or
justify most rules in the common law. Bayern masterfully surveys leading
law-and-economics arguments in tort, contract, and property law and shows them
to be fragile, self-contradictory, or otherwise problematic. Those who accept
that efficiency is important should not be persuaded by the kind of
law-and-economics arguments that have remained in vogue among legal scholars
for decades.
Cambridge
has prepared a flyer with a 20% discount code, which you will find attached to
this email.
The second
book is an introduction to modern US common law entitled Principles and
Possibilities in Common Law: Torts, Contracts, and Property. It
is aimed mainly at students but may be useful to comparativists and others
interested in the American approach to common law. From the description
at https://faculty.westacademic.com/Book/Detail?id=344401:
This book discusses principles of the common
law, with attention to how the subjects of tort law, contract law, and property
law have developed in the United States. The focus is on modern law and how it
has changed from more formalistic rules that were used in the past.
Happy
Reading,
Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)
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