Amongst the social sciences, it is economics that has made the most promising advances for law. There are several reasons for this: it has a well-developed theoretical framework (microeconomics); it provides currently the most advanced application of the rational choice model, which is one of...

This chapter, based on a report presented on the occasion of the annual meeting of the German Society of Comparative Law in 2017, focuses on recent developments in the law of set-off and penalties/liquidated damages, highlighting specifically the decisions in Cavendish Square Holding BV v. Talal...

We conduct laboratory experiments to investigate the effect of deterrence mechanisms on recidivism under controlled conditions. Experimental analysis allows for easier identification of recidivism than the use of empirical or field data. Specifically, we focus on the effect of variation in...

Fines and damages are the principal sanctions of criminal, civil and regulatory law. Yet in law it does not matter who pays money sanctions. Damages overwhelmingly are paid by insurers and the cost of insurance premiums loaded into commodity prices and thus dispersed among consumers. Fines are...

Research on the statutory license for certain types of copyright-protected content has revealed an unlikely symbiosis between uncertainty and efficiency. Contrary to received wisdom, which tells us that in order to increase efficiency, we must increase stability, this Article will show that...

Multiperiod models of criminal enforcement based on the standard economic approach of Becker (1968) generally find that the optimal penalty structure is either flat or declining. We present the first experimental test of a two‐stage theoretical model that predicts decreasing penalty structures...

Almost a billion people do not have access to clean and safe water. Access to safe drinking water and sanitation is increasingly being considered a fundamental human right. Corporations play an important role in the realization of the right to water. For example, they can become violators of the...

The goal of this article is to advance the theory of legal entitlements by developing a new theory of autonomy entitlements to describe fundamental constitutional rights and other individual liberties. Such rights, a primary objective of which is to provide, directly or indirectly, a zone of...