The growth of the 17th century French state contributed to the establishment to a more regular, and even liberal legal order. Higher fiscal demands on the state led to a process of legal standardization that extended the rule of law. We use data on witch trials and taxation covering twenty-one...

In bringing economic analysis to bear on the settlement of legal disputes, it is commonly presumed that the parties to the dispute are governed by the principles of private property and so are residual claimants to their legal expenses. This institutional framework promotes a substantive...

Is "rule of law" anything more than a fictional allusion? After all, "law" is an abstract noun, and abstract nouns can't rule. Only people can rule. Rule of law is a fiction, one that has been around since ancient times. Whether, or under what circumstances, rule of law might be an ideal type...

The idea of an identifiable school of thought denoted as Virginia political economy was in play at least as early as 1963, and it is reasonable to conclude that this identifier began to take shape some years earlier. It is common though not universal to identify a school of thought...

Entrepreneurship is the economic source of change in society. While it is ubiquitous, its particular qualities depend on the system of political economy in which it operates. We distinguish between two systems of democratic political economy. One system is the classically liberal system where...

This essay is written for a Festschrift to commemorate Jürgen Backhaus's contribution to law and economics in recognition of his long service as Editor of the European Journal of Law and Economics. Scholars of law and economics have long been intrigued by the possibility that legal processes...

In bringing economic analysis to bear on whether a dispute is settled without trial, the presumed institutional setting is typically one of private property where the parties are residual claimants to their legal expenses. Many disputes, however, are between private and public parties. In these...

This essay accepts the normative vision Richard Epstein sets forth in The Classical Liberal Constitution, but refracts that vision through some considerations of positive political economy. In response to a questioner who asked at the conclusion of the Constitutional Convention what kind of...

Firms spend operating costs to mitigate the risk of data breach events. However, firms may not know how much to spend to prevent data breach events with varying incidence frequencies. I present a model that estimates the relationship of breach prevention spending to breach incidence rates for...

This paper examines the role of prisoner voice in criminal justice reform in the US. Previous research has attributed reform of criminal justice institutions to either political elites or the public. This research has not considered the role of prisoner voice in influencing reform. This paper...