Remedies, Meet Economics; Economics, Meet Remedies
Oxford Journal of Legal Studies (Forthcoming)
32 Pages Posted: 25 Sep 2017
Date Written: September 22, 2017
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: Suggested Citation