Remedies, Meet Economics; Economics, Meet Remedies

Oxford Journal of Legal Studies (Forthcoming)

UCLA School of Law, Law-Econ Research Paper No. 17-16

32 Pages Posted: 25 Sep 2017  

Samuel L. Bray

Notre Dame Law School

Date Written: September 22, 2017

Abstract

One would expect the fields of ‘law and economics’ and ‘remedies’ to have substantial interaction. But scholars in each field largely ignore those in the other. Thus law and economics scholars blunder in their description of the law of remedies, and remedies scholars are cut off from economic insights. For scholars who are in these fields, this article offers a critique, as well as suggestions for cooperation. For all legal scholars interested in melding conceptual and economic analysis, it offers a cautionary tale of disciplinary fragmentation.

Keywords: remedies, law and economics, damages, equity, restitution, unjust enrichment, injunction, property rules, liability rules, the Cathedral

JEL Classification: K10, K12, K13, K40, K41, K42, K49

Suggested Citation

Bray, Samuel L., Remedies, Meet Economics; Economics, Meet Remedies (September 22, 2017). Oxford Journal of Legal Studies (Forthcoming); UCLA School of Law, Law-Econ Research Paper No. 17-16. Available at SSRN: https://ssrn.com/abstract=3041719

Samuel L. Bray (Contact Author)

Notre Dame Law School ( email )

Eck Hall of Law
Notre Dame, IN 46556
United States

HOME PAGE: http://https://law.nd.edu/directory/samuel-bray/

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