Anti-trust cases more often than not hinge upon market definition. The anti-trust authorities use standardised tests for the purpose, like the small but significant and nontransitory increase in price test prevalent in US law. These tests are often read as neoclassical economics, watered down to...

Anti-trust cases more often than not hinge upon market definition. The anti-trust authorities use standardised tests for the purpose, like the small but significant and nontransitory increase in price test prevalent in US law. These tests are often read as neoclassical economics, watered down to...

Anti-trust cases more often than not hinge upon market definition. The anti-trust authorities use standardised tests for the purpose, like the "small but significant and nontransitory increase in price" test prevalent in US law. These tests are often read as neoclassical economics, watered down...

Frequently deciding legal cases requires an assessment in multiple, conceptually incompatible dimensions. Often one normative concern would call for one decision, and another normative concern for a different decision. The decision-maker must engage in balancing, with no help from overarching...

The law is not a bunch of scattered rules, it is a body. This simple statement suffices to demonstrate that consistency is crucial for the law. Esteemed philosophers radicalise the statement: If it stops being consistent, to them the law is no longer the law. Consequently, consistency must be an...

By its critics, the rational choice model is routinely accused of being unrealistic. One key objection has it that, for all nontrivial problems, calculating the best response is cognitively way too taxing, given the severe cognitive limitations of the human mind. If one confines the analysis to...

When judges or public authorities intervene in citizens' lives, they normally must give explicit reasons. Justification primarily serves the sense of justice. The law's subjects want to understand the intervention. But does justification also have a forward-looking effect? Are individuals more...

Judicial decision making is not a mechanical activity. It requires a voluntary act. In the abstract, the judge must strike a balance between incompatible normative goals, like backward looking compensation and forward looking deterrence. In the concrete, the decision-maker must weigh conflicting...

Frequently deciding legal cases requires an assessment in multiple, conceptually incompatible dimensions. Often one normative concern would call for one decision, and another normative concern for a different decision. The decision-maker must engage in balancing, with no help from overarching...