BffiLIOGRAPHY OF LAW AND ECONOMICS

Transcription

1 BffiLIOGRAPHY OF LAW AND ECONOMICS

2 BIBLIOGRAPHY OF LAW AND ECONOMICS Edited by BOUDEWIJN BOUCKAERT and GERRIT DE GEEST Law School, University of Ghent, Belgium SPRINGER-SCIENCE+BUSINESS MEDIA, B.V.

3 Library of Congress Cataloging-in-Publication Data Bibliography of law and ecanamics ( edited by BaudeWijn Bauckaert and Gerrit de Geest. p. cm. Includes indexes. ISBN ISBN (ebook) DOI / Law--Bibliography. 2. Law--Europe--Bibliography. 3. Economics--Bibliagraphy. 4. Ecanomlcs--Europe--Bibl iography. 1. Bouckaert. Boudewijn. II. Geest. Gerrit de. K38.B dc ISBN Printed on acid-free paper AII Rights Reserved 1992 Springer Science+Business Media Dordrecht Originally published by Kluwer Academic Publishers in 1992 Softcover reprint of the hardcover l st edition 1992 No part of the material protected by this copyright notice may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from the copyright owner.

4 FOREWORD It is with some envy that, as an American, I write this foreword to the landmark Bibliography of Law & Economics, edited by Professor B. Bouckaert and Lecturer G. De Geest. Although the modern approach to "law and economics" essentially started in the United States in the early 1960s with the publication of Ronald Coase' s famous article "The Problem of Social Cost" and Guido Calabresi's early writings on the cost of accidents, this volume suggests that the field has been taken over by the Europeans. (Actually, it may even be accurate to say that the field was started by Europeans, since Coase is an Englishman by birth, and Calabresi an Italian by birth!) Geographic rivalries aside, law and economics scholars from throughout the world owe a great debt to the editors and their colleagues for this monumental undertaking. The magnitude of this project can be conveyed by some simple statistics. The bibliography lists approximately 7,000 publications in law and economics, covering both methodological and substantive topics. The methodological topics include the philosophical and normative foundations of the economic approach to law. The substantive topics include property, bankruptcy, contract, insurance, tort law, criminal law, regulation, corporation law, and procedure. The bibliography also includes over 700 entries in several country-specific surveys. This bibliography far exceeds in breadth and depth every bibliographic effort related to law and economics that has preceded it. Even scholars immersed in law and economics will be amazed at how far our field has progressed in a relatively short time. More importantly, we now have a way to introduce new scholars to the richness of our discipline. A. Mitchell Polinsky Josephine Scott Crocker Professor of Law and Economics School of Law- Stanford University- U.S.A.

5 CONTENTS FOREWORD (A. Mitchell Polinsky) Scientific Committee xiii INTRODUCTION (the editors) 1 LAW & ECONOMICS IN EUROPE: PRESENT STATE AND FUTURE PROSPECTS (Roger Van den Bergh) 5 PART 1: SUBJECT-RELATED SURVEYS 0000 LAW & ECONOMICS: GENERAL WORKS (Roger Van den Bergh) 0000 Introductory Books Introductory Articles Monographies Books with a Strong L&E Influence Symposia Collections of (New) Articles Readers Bibliographies OQ Organization of Research and Teaching History of Law & Economics LAW & ECONOMICS: METHODOLOGY AND FUNDAMENTAL CONCEPTS (Rob Teijl) 0300 Methodology: General Norms and Values in Law & Economics History of Thought Fundamental Concepts 0600 Fundamental Concepts: General Rationality Assumption. Homo Oeconomicus. Altruism. Bounded Rationality Efficiency Externalities and the Coase Theorem Transaction Costs (Approach) Property Rights (Approach) Public Goods. Club Goods Other Concepts FAMILY LAW (Bertrand Lemennicier) 1000 Family Law: General Marriage Law 113

6 CONTENTS viii 1500 HUMAN RIGHTS (Gerrit De Geest) 1500 Human Rights: General Prohibition of Slavery Prohibition of Discrimination Free Speech Privacy PROPERTY (Boudewijn Bouckaert) 2000 Property Law: General Private Property vs. Common Propetty Property Rule vs. Liability Rule vs. Inalienable Rights Original Assignment of Private Property. Homesteading. Possession. Adverse Possession. Wealth Effects Title Systems. Personal and Real Property 'Droits reels' (Usufruct, Long Lease, Building Rights, Easements, Covenants, Renting,... ) Co-ownership and Condominium Applications. New Forms of Property SECURITY & BANKRUPTCY PRIORITY RIGHTS (Gerrit De Geest) INTELLECTUAL PROPERTY (Rudi W. Holzhauer) 2900 General Works- Intellectual Property General Works- Innovation (R&D, Technology, Technical Productivity) & Competition (Monopoly, Market Power) Copyright Copyright Related Rights Patents Trademarks Other Rights Licensing Licensing - Patents Empirical Studies Trade Secrets Unfair Competition- Monopoly Unfair Competition- Passing Off TORT LAW & ENVIRONMENTAL REGULATION (Gerrit De Geest) 3000 Tort Law: General Causation Computing of Damages Punitive Damages 191

7 ix CONTENTS 3400 Nuisance Environmental Regulation: General Zoning. Land Use Regulation Pollution Tax Combined Approaches Other Approaches CONTRACT LAW (Gerrit De Geest) 4000 Contract Law: General Contractual Choice and Long-Term Contracts 4100 Contractual Choice: General Long-Term Contracts. Relational Contracts Sharecropping Warranties Franchising Contract Formation Performance. Implied Terms Remedies 4400 General Specific Performance vs. Damages Penalty Clauses. Liquidated Damages. Exemption Clauses Expectation Losses vs. Reliance Losses vs. Restitution Valuation of Losses:: Economic Loss, Physical Injury, Value of Life Causation. Precaution. Foreseeability. ~tigation Quasi-contracts. Restitution. Unjust Enrichment INSURANCE (Goran Skogh) INHERITANCE LAW (Gerrit De Geest) REGULATION OF CONTRACTUAL RELATIONS 5000 GENERAL (Gerrit De Geest) PRICE REGULATION (Gerrit De Geest) 5100 Price Regulation: General Rent Control CONSUMER PROTECTION REGULATION (Gerrit De Geest) 5200 Consumer Protection Regulation: General Product Safety and Health Regulation Information Regulation. Regulation of Advertising Trade Practices 307

8 CONTENTS X 5240 Ucensing. Market Entry Regulation Shop Opening Hours PRODUCT LIABILITY (Gerrit De Geest) LABOR LAW & EMPLOYMENT REGULATION (Gerrit De Geest) 5400 Labor Law & Empolyment Regulation: General EconomicsofLaborContrac~ Wage Control. Minimum Wages Discrimination Occupational Safety and Health Regulation Collective Bargaining and Worker Participation CORPORATION LAW & REGULATION OF FINANCIAL MARKETS (Guy De Clercq) 5500 Corporation Law: General The Theory of the Firm Umited Uability The Separation of Ownership and Control The Market for Corporate Control Insider Trading Regulation of the Securities Market Regulation of Financial Markets: General Regulation of Banking BANKRUPTCY PROCEEDINGS (Francisco Cabrillo) ANTITRUST LAW & COMPETITION LAW IN GENERAL (a selection) (Gerrit De Geest) REGULATION OF NATURAL MONOPOLIES & PUBLIC UTILITIES (a selection) (Gerrit De Geest) REGULATION OF OTHER SECTORS (a selection) (Gerrit De Geest) 5900 Regulation of Other Sectors: General Legal Professions Medical Professions Transportation Agriculture Telecommunications International Trade TAX LAW (Gerrit De Geest and Ludwig Van den Hauwe) 6000 Tax Law: General Macro Aspec~ Tax Evasion and the Underground Economy 462

9 xi CONTENTS 6030 Issues in Tax Reform 6040 Policy Aspects: General 6050 Income versus Consumption Tax 6060 Ot:IH SOCIAL SECURITY (a selection) (Gerrit De Geest) TAKINGS (Gerrit De Geest) ADMINISTRATIVE PROCESS (Jiirgen G. Backhaus) 6300 Administrative Law: General Substantive Administrative Law and Economics Basic Institutes Public Organizations Regulatory Administration Administrative Service Administrative Procedure CIVIL AND CRIMINAL PROCEDURE (Patrick Wallaert) 7000 General Evidence Civil Procedure 7200 Civil Procedure: General Settlement. Arbitrage. Disposal of Proceedings without Trial Class Actions. Representative Proceedings Criminal Procedure Judicial Administration CRIMINAL LAW, ECONOMICS OF CRIME & LAW ENFORCEMENT (Michael Faure) PRODUCTION OF LEGAL RULES (Pierre Coulange) 9000 General Constitution Legislation. Statutory Interpretation Judge Made Law. Precedents Agencies Self-Regulation Spontaneous Emergence of Law Legal Evolution. Tradition. Legal Culture Intertemporal Law. Retroactivity Efficiency of the (Common) Law 547

10 CONTENTS xii PART II: LAW & ECONOMICS IN EUROPE: NATIONAL SURVEYS OF NON-ENGLISH PUBLICATIONS LAW & ECONOMICS IN AUSTRIA (Wolfgang Weigel) 553 LAW & ECONOMICS IN BELGIUM (Gerrit De Geest) 555 LAW & ECONOMICS IN FRANCE (Bertrand Lemennicier) 563 LAW & ECONOMICS IN GERMANY (Patrick Burow) 567 LAW & ECONOMICS IN HUNGARY (Andras Sajo and Kinga Petervari) 591 LAW & ECONOMICS IN ITALY (Roberto Pardolesi) 592 LAW & ECONOMICS IN THE NETHERLANDS (Rudi W. Holzhauer and Rob Teijl) 596 LAW & ECONOMICS IN NORWAY (Aif Erling Risa) 610 LAW & ECONOMICS IN SPAIN (Santos Pastor) 611 LAW & ECONOMICS IN SWEDEN (Goran Skogh) 614 LAW & ECONOMICS IN SWITZERLAND (Gerrit De Geest) 617 Name Index 621 Subject Index 665

11 xiii SCIENTIFIC COMMIITEE Ronald H. Coase, University of Chicago, Nobel Laureate 1991 Herman Cousy, University ofleuven Richard A. Epstein, University of Chicago Law School, Co-Editor Journal of Legal Studies Hans Franken, University of Leiden William Landes, University of Chicago Law School, Co-Editor Journal of Law &Economics Ejan Mackaay, University of Montreal Henry Manne, Center for Study of Public Choice, George Mason University Anthony I. Ogus, Faculty of Law, The University, Manchester, Co-Editor International Review of Law and Economics A. Mitchell Polinsky, School of Law, Stanford University Richard A. Posner, University of Chicago Law School, Judge, Seventh Circuit U.S. Courts of Appeal Hans-Bernd Schafer, University of Hamburg Steven Shaven, Law School, Harvard University Wiek J. Slagter, Erasmus University Rotterdam Roger Van den Bergh, Faculty of Law, University of Antwerp, President E.A.L.E. Walter Van Gerven, University of Leuven, First Advocate-General at the European Court of Justice Cento G. Veljanovski, Research & Editorial Director of the Institute of Economic Mfairs, London Oliver E. Williamson, University of California, Berkeley, Co-Editor Journal of Law, Economics, & Organization Richard 0. Zerbe, Jr., University of Washington, editor Research in Law and Economics