courts, of no litigation costs and of no insurance. They assumed that the threat of tort liability can induce due (efficient … context, to insurance, to institutional liability, to the importance of experimental research and empirical data, and to the … alternatives to tort liability. Other traits of the mature economic analysis are recognition, even by its proponents, that actual …

justice theory, Robert Stevens's rights theory, and Richard Posner's economic theory. This article begins by explaining why it …