A semicommons regime exists when the efficient use of a resource requires the co-existence of both common and private uses. In a seminal article, Henry Smith examined the system of semicommons property in regard to medieval open fields. In such a system, peasants shared common land for...

The fact that automobile insurance is compulsory for most drivers in Europe and the United States raises concerns about its affordability and availability. In most legal systems, to mitigate such problems, special facilities have been created, either by policymakers or by insurance companies, to...

Custodian liability is the liability for losses caused by an object under a person’s control. Although the basic rules regarding custodian liability are quite similar in The Netherlands and Belgium, one major difference exists. Whereas Belgium always applies strict liability, in the...

This thorough and detailed book provides a comprehensive analysis of the various ways in which laws and rules are produced and lays the foundations for a systematic understanding of lawmaking as a production process.

This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to...

This thorough and detailed book provides a comprehensive analysis of the various ways in which laws and rules are produced and lays the foundations for a systematic understanding of lawmaking as a production process.

One of the great successes of the law and economics movement has been the use of economic models to explain the structure and function of broad areas of law. The original contributions to this volume epitomize that tradition, offering state-of-the-art research on the many facets of economic...

This paper compares the all-or-nothing and proportionate damage rules for allocating damages in tort cases under evidentiary uncertainty. The focus is on how the two rules affect litigation expenditures by plaintiffs and defendants. The results of simulation experiments show that the expected...