Foundations of Law and Economics

Introductory

Social Cost

The total cost of an activity or institutional arrangement, including private costs, external harms, administrative costs, error costs, and the costs of avoiding or resolving conflicts.

Why It Matters

Social-cost analysis shifts legal reasoning from identifying a single wrongdoer to comparing institutional arrangements for reducing the combined costs of harm, prevention, enforcement, and adjudication.

Selected Literature

A short list of directly relevant archive entries.

Related Cases

1879

Foundations of Law and Economics

Sturges v. Bridgman

11 Ch. D. 852 (1879)

Nuisance, coming to the nuisance, and reciprocal conflicts over incompatible land uses.

1707

Foundations of Law and Economics

Keeble v. Hickeringill

11 East 574, 103 Eng. Rep. 1127 (K.B. 1707)

Property protection, malicious interference, and incentives to make productive use of land.

1805

Foundations of Law and Economics

Pierson v. Post

3 Cai. R. 175 (N.Y. Sup. Ct. 1805)

First possession, capture rules, and the administrability of property rights in wild animals.