Imperfect alternatives : choosing institutions in law, economics, and public policy
Author(s)
Bibliographic Information
Imperfect alternatives : choosing institutions in law, economics, and public policy
University of Chicago Press, 1994
- : cloth
Available at 31 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and indexes
Description and Table of Contents
Description
Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Komesar argues that this emphasis on goal choice ignores an essential element - institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them - the market, the political process or the adjudicative process. Pointing out that all three institutions are massive, complex and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.
Table of Contents
Preface Pt. I: Deciding Who Decides: The Comparative Analysis of Institutional Performance 1: Taking Institutional Choice Seriously 2: Social Goals and Public Policies: Bridging the Gap between Them Pt. II: Who Plays, Who Doesn't: The Participation-Centered Approach to the Political Process, the Market, and the Courts 3: The Political Process: The Power of the Few and the Power of the Many 4: The Market Process: Transaction Costs and Transaction Benefits 5: The Courts as an Institution: The Structure and Scale of Justice Pt. III: Applications: Weighing the Relative Merits of Institutions 6: Safety, Tort Law, and Tort Reform 7: Constitutional Law and Constitution Making 8: American Constitutional Law: The Contours of Judicial Review 9: Summary and Conclusion: Propositions Audiences, and Reformations Author Index Subject Index
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