Lawmaking through legislation : an introduction -- Optimal specificity of laws : rules versus standards -- Optimal timing of legal intervention : lawmaking under uncertainty -- Optimal territorial scope of laws : subsidiarity and legal harmonization -- Lawmaking through adjudication : an introduction -- Litigation and the evolution of legal remedies -- Judicial path-dependence and legal change -- Theories of legal precedent : stare decisis and jurisprudence constante -- Lawmaking through practice : an introduction -- Fostering the emergence of customary law -- Customary law and articulation theories -- Stability and change in customary law -- Lawmaking through agreement : an introduction -- Formation and accession to treaties -- Ratification and reservations : the effects of reciprocity -- The hidden bias of treaty law
Summary
'The Economics of Lawmaking' explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutional design in lawmaking