An examination of the law of negligence and the economic analysis of law

Wolfe, Jonathan. (1992). An examination of the law of negligence and the economic analysis of law Honours Thesis, Dept. of Commerce, University of Queensland.

       
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Author Wolfe, Jonathan.
Thesis Title An examination of the law of negligence and the economic analysis of law
School, Centre or Institute Dept. of Commerce
Institution University of Queensland
Publication date 1992
Thesis type Honours Thesis
Total pages 114
Language eng
Subjects 15 Commerce, Management, Tourism and Services
Formatted abstract Richard Posner's Economic Analysis of Law is examined to assess the contribution that it makes to the normative science of jurisprudence. The economic method is subjected to analysis at the fundamental level of scientific discovery, philosophy. The method is derived from the principle methodology of A. Smith, A. Marshall and the underlying amoral philosophers. Positive economics is found to be based on a tautology. The theory of Property Rights as advanced by R.Coase is employed to evaluate the trend in the common law of liability for the economic loss flowing from a negligent misstatement of an auditor or accountant. The examination of the settled common law offers all advancement on the ad hoc selection of nuisance cases employed by R. Coase. The restrictive doctrines which govern the development of the common law allow the assertion to be made that the coercive power of the judiciary is a fourth solution to the problem of the social cost or externality.

 
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Created: Wed, 27 Oct 2010, 12:31:50 EST by Muhammad Noman Ali on behalf of The University of Queensland Library