000 04388nam a22005895i 4500
001 978-3-031-56822-0
003 DE-He213
005 20251030112022.0
007 cr nn 008mamaa
008 240430s2024 sz | s |||| 0|eng d
020 _a9783031568220
_9978-3-031-56822-0
024 7 _a10.1007/978-3-031-56822-0
_2doi
050 4 _aKJE2041-2635
072 7 _aLBBM
_2bicssc
072 7 _aLAW051000
_2bisacsh
072 7 _aLBBM
_2thema
245 1 0 _aLaw and Economics of Justice
_h[electronic resource] :
_bEfficiency, Reciprocity, Meritocracy /
_cedited by Klaus Mathis, Avishalom Tor.
250 _a1st ed. 2024.
264 1 _aCham :
_bSpringer Nature Switzerland :
_bImprint: Springer,
_c2024.
300 _aX, 316 p. 7 illus., 5 illus. in color.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
490 1 _aEconomic Analysis of Law in European Legal Scholarship,
_x2512-1308 ;
_v17
520 _aWhile previous volumes have examined specific issues and developments such as the coronavirus crisis or digital transformation from a law and economics perspective, the anniversary edition returns to the methodological and philosophical fundament of the discipline of law and economics. The present book aims to examine these foundations in general and, in particular, efficiency, reciprocity and meritocracy, and their relation to law and justice from an interdisciplinary perspective. Efficiency: Traditionally, the economic analysis of law has been guided by the goal of efficiency. Economists usually define efficiency as Pareto or Kaldor–Hicks efficiency. Any change that makes one member of society better off without anyone else being worse off is a Pareto improvement. A change is a Kaldor–Hicks improvement if the gainers value their gains more than the losers value their losses, with only hypothetical compensation required. Reciprocity: Economists have traditionally based their models on the self-interest hypothesis of homo oeconomicus. In this model, an individual maximises his own utility without being altruistic or jealous. Behavioural economics challenges the self-interest hypothesis. In fact, many people deviate from purely self-interested behaviour. There are also signs that considerations of fairness and mutual benefit are important in bilateral negotiations and in the functioning of markets. Meritocracy: The concept of meritocracy refers to a system, organisation, or society in which people are selected and promoted to positions of success, power, and influence on the basis of their abilities and merits. This means that an individual is able to climb the social ladder through hard work. Moreover, meritocracy directs the most talented people into the most functionally important positions, thereby increasing a society's efficiency. However, the equalising function of meritocracy has been criticised. Rather than reducing inequality, meritocracy is seen as the cause of racial, economic and social inequality.
650 0 _aCommercial law.
_970222
650 0 _aEuropean Economic Community.
_970223
650 0 _aPrivate international law.
_965660
650 0 _aConflict of laws.
_965661
650 0 _aInternational law.
_958292
650 0 _aComparative law.
_965662
650 0 _aLaw and economics.
650 1 4 _aEuropean Economic Law.
_970224
650 2 4 _aPrivate International Law, International and Foreign Law, Comparative Law.
_965667
650 2 4 _aLaw and Economics.
700 1 _aMathis, Klaus.
_eeditor.
_4edt
_4http://id.loc.gov/vocabulary/relators/edt
_976130
700 1 _aTor, Avishalom.
_eeditor.
_4edt
_4http://id.loc.gov/vocabulary/relators/edt
_976131
710 2 _aSpringerLink (Online service)
773 0 _tSpringer Nature eBook
776 0 8 _iPrinted edition:
_z9783031568213
776 0 8 _iPrinted edition:
_z9783031568237
776 0 8 _iPrinted edition:
_z9783031568244
830 0 _aEconomic Analysis of Law in European Legal Scholarship,
_x2512-1308 ;
_v17
_947720
856 4 0 _uhttps://doi.org/10.1007/978-3-031-56822-0
912 _aZDB-2-LCR
912 _aZDB-2-SXLC
999 _c59552
_d59552