The Austrian contribution to the development of law and economics is the study of endogenous rule formation, or the spontaneous evolution of social institutions, which can be traced to the founder of the Austrian School, Carl Menger. While Menger's emphasis on spontaneous institutional analysis...

This article addresses the question of whether sanctions constitute violence in the broad sense of that term, and whether, and under what conditions, sanctions can be justified. The sanctions imposed against Iraq and Cuba are discussed as case studies and several ethical theories are applied to...

How effective institutions come about and how they change are fundamental questions for economics and social science more generally. We show that these questions were central in the deliberations of lawyers in 17th century England, a critical historical juncture that has motivated important...

This chapter first considers resistance to the use of theoretical models, examining tensions between the goals and methodologies of historians and economists who investigate differences in law over time (legal history) or between jurisdictions (comparative law). It then proceeds to define the...

This essay sketches the central features of Gordon Tullock's (1922-2014) contributions to law and economics. My reference to Tullock as a “maverick scholar” is to indicate that he stood apart from the mainstream of law and economics scholarship as this is represented by Richard Posner's...