Working Paper: NBER ID: w9699
Authors: Steven Shavell
Abstract: This paper contains a chapter on the general structure of the law from a forthcoming book, Foundations of Economic Analysis of Law (Harvard University Press, 2003). In this chapter, I consider basic features of the legal system, including whether the law directly constrains behavior or channels it by the threat of sanctions, and whether the law is brought into play by private legal action or involves public enforcement. I investigate the conditions under which one or another structure of law will be socially desirable, and I then discuss tort, contract, criminal law, and several other areas of law in the light of the analysis of the optimal structure of the law.
Keywords: No keywords provided
JEL Codes: D00; D8; K00; H00
Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.
| Cause | Effect |
|---|---|
| legal structure (K20) | behavior modification (C99) |
| timing of legal intervention (K41) | efficacy of legal sanctions (K40) |
| source of enforcement (K40) | compliance with the law (K40) |
| optimal legal structures (D47) | social welfare (I38) |