Foundations of Law and Economics

Foundational theories of legal rules as institutional devices for allocating entitlements, shaping incentives, reducing social costs, and structuring private ordering.

Field focus

Questions Before Sources

Each field page begins with the institutional problem, then moves to selected readings.

The full bibliography is kept separate so the opening section remains readable.

  1. 01

    How do transaction costs, externalities, bargaining, and information problems affect the choice between legal rules, markets, firms, and regulation?

  2. 02

    When should legal analysis emphasize welfare, deterrence, entitlement protection, institutional competence, or distributional concerns?

Field essay

Research Orientation

The foundations of law and economics are best read as a set of institutional questions rather than as a single efficiency formula.

The field begins from a deceptively simple move: legal rules change the costs and benefits of action. That move becomes serious only when it is attached to institutions. Coasean analysis asks whether bargaining is possible and what legal rules do when bargaining is costly. Calabresian accident-cost analysis asks who can prevent, spread, or administer losses at lower cost. Public-enforcement theory asks how sanctions, detection probabilities, and enforcement costs interact. These are not interchangeable arguments; each makes a different institutional problem visible.

A careful reading therefore treats efficiency as an organizing question, not a conclusion. Entitlements, liability rules, property rules, standards, sanctions, disclosure duties, and organizational forms are alternative ways of responding to transaction costs, externalities, information problems, agency costs, and enforcement limits. The field is most useful when it makes those alternatives explicit and least useful when it converts legal judgment into a slogan about markets or incentives.

The later behavioral and institutional turns do not simply reject the older canon. They qualify it. Behavioral work asks whether legal actors perceive and process incentives in stable ways. New institutional economics asks why formal rules operate differently across settings. Together, these materials turn foundational law and economics into a comparative inquiry into courts, markets, firms, regulators, and private ordering.

Reading Path

  1. 01Start with Coase to understand reciprocal harm, transaction costs, and the institutional meaning of entitlement assignment.
  2. 02Read Calabresi and Becker as complementary accounts of accident prevention and public enforcement, not as general solutions to every legal problem.
  3. 03Use behavioral and institutional readings to test the rationality, information, and institutional-competence assumptions behind the canonical models.

Tensions to Keep Visible

  • Efficiency and distribution cannot be collapsed into the same question.
  • Private bargaining may reduce conflict in some settings while failing under strategic behavior, high information costs, or dispersed parties.
  • A rule that works in a stylized model may depend on courts, regulators, or markets having capacities they do not actually possess.

Reading order

Essential Readings

1937

Introductory

The Nature of the Firm

Ronald H. Coase

Economica

DOI: 10.1111/j.1468-0335.1937.tb00002.x

Reading note

Asks why firms exist in an economy coordinated partly by prices and market exchange. The article explains the firm as an institutional response to the costs of using the price mechanism, including discovering prices, negotiating contracts, and repeatedly arranging transactions, while also asking why internal organization itself has limits.

Citation / BibTeX

Ronald H. Coase. "The Nature of the Firm." Economica, 1937.

@article{Coase1937The,
  title = {The Nature of the Firm},
  author = {Ronald H. Coase},
  year = {1937},
  journal = {Economica},
  doi = {10.1111/j.1468-0335.1937.tb00002.x},
  url = {https://doi.org/10.1111/j.1468-0335.1937.tb00002.x}
}
Source: Wiley Online Library

1955

Introductory

A Behavioral Model of Rational Choice

Herbert A. Simon

Quarterly Journal of Economics

Reading note

Replaces fully optimizing behavior with models of bounded rationality and satisficing. The article supplies a foundation for analyzing how limited information and computational capacity affect legal choice and institutional design.

Citation / BibTeX

Herbert A. Simon. "A Behavioral Model of Rational Choice." Quarterly Journal of Economics, 1955.

@article{Simon1955A,
  title = {A Behavioral Model of Rational Choice},
  author = {Herbert A. Simon},
  year = {1955},
  journal = {Quarterly Journal of Economics},
  url = {https://www.jstor.org/stable/1884852}
}
Source: JSTOR

1960

Introductory

The Problem of Social Cost

Ronald H. Coase

Journal of Law and Economics

DOI: 10.1086/466560

Reading note

Reframes externality problems as reciprocal conflicts over resource use rather than one-sided harms. The article argues that, when bargaining is costly, legal rules affect the allocation of resources by assigning entitlements, shaping negotiation, and determining which institutional arrangement can reduce the total social cost of conflicting activities.

Citation / BibTeX

Ronald H. Coase. "The Problem of Social Cost." Journal of Law and Economics, 1960.

@article{Coase1960The,
  title = {The Problem of Social Cost},
  author = {Ronald H. Coase},
  year = {1960},
  journal = {Journal of Law and Economics},
  doi = {10.1086/466560},
  url = {https://www.journals.uchicago.edu/doi/10.1086/466560}
}
Source: University of Chicago Press Journals
Full Bibliography (36 readings)

01

Introductory

The Nature of the Firm

Ronald H. Coase

1937 · Economica

DOI: 10.1111/j.1468-0335.1937.tb00002.x

Summary and citation

Asks why firms exist in an economy coordinated partly by prices and market exchange. The article explains the firm as an institutional response to the costs of using the price mechanism, including discovering prices, negotiating contracts, and repeatedly arranging transactions, while also asking why internal organization itself has limits.

Ronald H. Coase. "The Nature of the Firm." Economica, 1937.

@article{Coase1937The,
  title = {The Nature of the Firm},
  author = {Ronald H. Coase},
  year = {1937},
  journal = {Economica},
  doi = {10.1111/j.1468-0335.1937.tb00002.x},
  url = {https://doi.org/10.1111/j.1468-0335.1937.tb00002.x}
}
Source: Wiley Online Library

02

Introductory

A Behavioral Model of Rational Choice

Herbert A. Simon

1955 · Quarterly Journal of Economics

Summary and citation

Replaces fully optimizing behavior with models of bounded rationality and satisficing. The article supplies a foundation for analyzing how limited information and computational capacity affect legal choice and institutional design.

Herbert A. Simon. "A Behavioral Model of Rational Choice." Quarterly Journal of Economics, 1955.

@article{Simon1955A,
  title = {A Behavioral Model of Rational Choice},
  author = {Herbert A. Simon},
  year = {1955},
  journal = {Quarterly Journal of Economics},
  url = {https://www.jstor.org/stable/1884852}
}
Source: JSTOR

03

Introductory

The Problem of Social Cost

Ronald H. Coase

1960 · Journal of Law and Economics

DOI: 10.1086/466560

Summary and citation

Reframes externality problems as reciprocal conflicts over resource use rather than one-sided harms. The article argues that, when bargaining is costly, legal rules affect the allocation of resources by assigning entitlements, shaping negotiation, and determining which institutional arrangement can reduce the total social cost of conflicting activities.

Ronald H. Coase. "The Problem of Social Cost." Journal of Law and Economics, 1960.

@article{Coase1960The,
  title = {The Problem of Social Cost},
  author = {Ronald H. Coase},
  year = {1960},
  journal = {Journal of Law and Economics},
  doi = {10.1086/466560},
  url = {https://www.journals.uchicago.edu/doi/10.1086/466560}
}
Source: University of Chicago Press Journals

04

Intermediate

Some Thoughts on Risk Distribution and the Law of Torts

Guido Calabresi

1961 · Yale Law Journal

Summary and citation

Develops an economic account of accident law by connecting liability rules to risk distribution, insurance, administrative costs, and incentives for accident prevention. The article helped shift tort analysis from moral blame alone toward institutional questions about who can avoid, spread, or internalize accident costs at lower cost.

Guido Calabresi. "Some Thoughts on Risk Distribution and the Law of Torts." Yale Law Journal, 1961.

@article{Calabresi1961Some,
  title = {Some Thoughts on Risk Distribution and the Law of Torts},
  author = {Guido Calabresi},
  year = {1961},
  journal = {Yale Law Journal},
  url = {https://www.jstor.org/stable/794261}
}
Source: JSTOR

05

Intermediate

The Economics of Information

George J. Stigler

1961 · Journal of Political Economy

DOI: 10.1086/258464

Summary and citation

Treats information acquisition as a costly economic activity rather than an automatic feature of markets. The article develops search-cost reasoning and helps legal researchers analyze disclosure, advertising, price dispersion, market transparency, and the institutional allocation of information-production costs.

George J. Stigler. "The Economics of Information." Journal of Political Economy, 1961.

@article{Stigler1961The,
  title = {The Economics of Information},
  author = {George J. Stigler},
  year = {1961},
  journal = {Journal of Political Economy},
  doi = {10.1086/258464},
  url = {https://doi.org/10.1086/258464}
}
Source: University of Chicago Press Journals

06

Intermediate

Toward a Theory of Property Rights

Harold Demsetz

1967 · American Economic Review

Summary and citation

Explains property rights as social instruments that help internalize externalities when the gains from defining and enforcing rights exceed the relevant costs. The paper connects resource values, technological change, exclusion costs, and institutional evolution, making property law central to economic organization.

Harold Demsetz. "Toward a Theory of Property Rights." American Economic Review, 1967.

@article{Demsetz1967Toward,
  title = {Toward a Theory of Property Rights},
  author = {Harold Demsetz},
  year = {1967},
  journal = {American Economic Review},
  url = {https://www.jstor.org/stable/1821637}
}
Source: JSTOR

07

Intermediate

Crime and Punishment: An Economic Approach

Gary S. Becker

1968 · Journal of Political Economy

DOI: 10.1086/259394

Summary and citation

Models unlawful behavior, enforcement probability, sanctions, and public enforcement costs within an economic framework. The article treats deterrence as a problem of expected costs and benefits, while leaving institutional design to balance harm reduction, sanctioning costs, error costs, and the social cost of enforcement.

Gary S. Becker. "Crime and Punishment: An Economic Approach." Journal of Political Economy, 1968.

@article{Becker1968Crime,
  title = {Crime and Punishment: An Economic Approach},
  author = {Gary S. Becker},
  year = {1968},
  journal = {Journal of Political Economy},
  doi = {10.1086/259394},
  url = {https://www.journals.uchicago.edu/doi/10.1086/259394}
}
Source: University of Chicago Press Journals

08

Advanced

The Cost of Accidents: A Legal and Economic Analysis

Guido Calabresi

1970 · Yale University Press

Summary and citation

Develops a general framework for accident law by treating accident losses, accident-prevention expenditures, administrative costs, and fairness constraints as connected institutional choices. The book asks who should bear accident costs, how those costs should be valued, and which liability or insurance arrangements can reduce total accident costs without ignoring distributional and moral limits.

Guido Calabresi. "The Cost of Accidents: A Legal and Economic Analysis." Yale University Press, 1970.

@book{Calabresi1970The,
  title = {The Cost of Accidents: A Legal and Economic Analysis},
  author = {Guido Calabresi},
  year = {1970},
  publisher = {Yale University Press},
  url = {https://yalebooks.yale.edu/9780300011159/the-cost-of-accidents/}
}
Source: Yale University Press

09

Advanced

The Market for 'Lemons': Quality Uncertainty and the Market Mechanism

George A. Akerlof

1970 · Quarterly Journal of Economics

Summary and citation

Shows how asymmetric information about quality can drive valuable transactions from a market. The model is central to legal analysis of disclosure, warranties, certification, gatekeeping, and other institutions that make credible information available.

George A. Akerlof. "The Market for 'Lemons': Quality Uncertainty and the Market Mechanism." Quarterly Journal of Economics, 1970.

@article{Akerlof1970The,
  title = {The Market for 'Lemons': Quality Uncertainty and the Market Mechanism},
  author = {George A. Akerlof},
  year = {1970},
  journal = {Quarterly Journal of Economics},
  url = {https://www.jstor.org/stable/1879431}
}
Source: JSTOR

10

Advanced

The Theory of Economic Regulation

George J. Stigler

1971 · Bell Journal of Economics and Management Science

Summary and citation

Develops an economic theory of regulation in which regulation is treated as a product supplied through political processes and demanded by organized interests. The article is a foundation for studying regulatory capture, interest-group pressure, entry barriers, and the political economy of legal and administrative institutions.

George J. Stigler. "The Theory of Economic Regulation." Bell Journal of Economics and Management Science, 1971.

@article{Stigler1971The,
  title = {The Theory of Economic Regulation},
  author = {George J. Stigler},
  year = {1971},
  journal = {Bell Journal of Economics and Management Science},
  url = {https://ideas.repec.org/a/rje/bellje/v2y1971ispringp3-21.html}
}
Source: IDEAS/RePEc

11

Advanced

Property Rules, Liability Rules, and Inalienability: One View of the Cathedral

Guido Calabresi and A. Douglas Melamed

1972 · Harvard Law Review

Summary and citation

Organizes legal protection of entitlements into property rules, liability rules, and inalienability rules. The article gives readers a durable vocabulary for comparing bargaining, damages, injunctions, public valuation, and mandatory limits on transfer across property, tort, contract, and regulatory contexts.

Guido Calabresi and A. Douglas Melamed. "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral." Harvard Law Review, 1972.

@article{Calabresi1972Property,
  title = {Property Rules, Liability Rules, and Inalienability: One View of the Cathedral},
  author = {Guido Calabresi and A. Douglas Melamed},
  year = {1972},
  journal = {Harvard Law Review},
  url = {https://www.jstor.org/stable/1340059}
}
Source: JSTOR

12

Advanced

Economic Analysis of Law

Richard A. Posner

1973 · Little, Brown; later Aspen Publishing editions

Summary and citation

Systematizes the economic analysis of legal doctrine across property, contract, tort, criminal law, procedure, regulation, organizations, and constitutional questions. The book made economic reasoning accessible to legal audiences by treating legal rules as incentive structures and by distinguishing positive explanation from normative evaluation.

Richard A. Posner. "Economic Analysis of Law." Little, Brown; later Aspen Publishing editions, 1973.

@book{Posner1973Economic,
  title = {Economic Analysis of Law},
  author = {Richard A. Posner},
  year = {1973},
  publisher = {Little, Brown; later Aspen Publishing editions},
  url = {https://aspenpublishing.com/products/posner-economic-analysis-of-law-9e}
}
Source: Aspen Publishing

13

Advanced

Prospect Theory: An Analysis of Decision under Risk

Daniel Kahneman and Amos Tversky

1979 · Econometrica

Summary and citation

Develops a descriptive alternative to expected-utility theory for decisions under risk. The article introduces reference dependence, loss aversion, and probability weighting, giving behavioral law-and-economics scholars a foundation for studying settlement, default rules, investor choice, consumer contracting, and legal responses to risk.

Daniel Kahneman and Amos Tversky. "Prospect Theory: An Analysis of Decision under Risk." Econometrica, 1979.

@article{Kahneman1979Prospect,
  title = {Prospect Theory: An Analysis of Decision under Risk},
  author = {Daniel Kahneman and Amos Tversky},
  year = {1979},
  journal = {Econometrica},
  url = {https://www.jstor.org/stable/1914185}
}
Source: JSTOR

14

Advanced

Transaction-Cost Economics: The Governance of Contractual Relations

Oliver E. Williamson

1979 · Journal of Law and Economics

DOI: 10.1086/466942

Summary and citation

Develops transaction-cost economics as a comparative approach to governance. The article links opportunism, bounded rationality, asset specificity, uncertainty, and frequency to the choice among markets, hybrids, and hierarchical organization, making contract governance a central legal-institutional question.

Oliver E. Williamson. "Transaction-Cost Economics: The Governance of Contractual Relations." Journal of Law and Economics, 1979.

@article{Williamson1979Transaction,
  title = {Transaction-Cost Economics: The Governance of Contractual Relations},
  author = {Oliver E. Williamson},
  year = {1979},
  journal = {Journal of Law and Economics},
  doi = {10.1086/466942},
  url = {https://www.journals.uchicago.edu/doi/10.1086/466942}
}
Source: University of Chicago Press Journals

15

Advanced

The Selection of Disputes for Litigation

George L. Priest and Benjamin Klein

1984 · Journal of Legal Studies

DOI: 10.1086/467732

Summary and citation

Shows how settlement selects disputes for trial and why observed plaintiff win rates cannot be read as an unfiltered measure of the underlying legal standard. The selection model remains essential for empirical research using litigated cases.

George L. Priest and Benjamin Klein. "The Selection of Disputes for Litigation." Journal of Legal Studies, 1984.

@article{Priest1984The,
  title = {The Selection of Disputes for Litigation},
  author = {George L. Priest and Benjamin Klein},
  year = {1984},
  journal = {Journal of Legal Studies},
  doi = {10.1086/467732},
  url = {https://doi.org/10.1086/467732}
}
Source: University of Chicago Press Journals

16

Advanced

The Economic Institutions of Capitalism

Oliver E. Williamson

1985 · Free Press

Summary and citation

Develops a comparative framework for markets, firms, and relational contracting based on transaction costs. The book links asset specificity, opportunism, adaptation, and governance safeguards to the institutional organization of exchange.

Oliver E. Williamson. "The Economic Institutions of Capitalism." Free Press, 1985.

@book{Williamson1985The,
  title = {The Economic Institutions of Capitalism},
  author = {Oliver E. Williamson},
  year = {1985},
  publisher = {Free Press},
  url = {https://search.worldcat.org/title/The-economic-institutions-of-capitalism-%3A-firms-markets-relational-contracting/oclc/1438949776}
}
Source: WorldCat

17

Advanced

Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules

Ian Ayres and Robert Gertner

1989 · Yale Law Journal

Summary and citation

Distinguishes majoritarian defaults from penalty defaults that encourage better-informed parties to reveal information. The article turns the choice of background contract rules into a problem of strategic information design.

Ian Ayres and Robert Gertner. "Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules." Yale Law Journal, 1989.

@article{Ayres1989Filling,
  title = {Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules},
  author = {Ian Ayres and Robert Gertner},
  year = {1989},
  journal = {Yale Law Journal},
  url = {https://openyls.law.yale.edu/bitstream/20.500.13051/781/2/Filling_Gaps_in_Incomplete_Contracts___An_Economic_Theory_of_Default_Rules.pdf}
}
Source: Yale Law School Open Scholarship Repository

18

Advanced

Governing the Commons: The Evolution of Institutions for Collective Action

Elinor Ostrom

1990 · Cambridge University Press

DOI: 10.1017/CBO9780511807763

Summary and citation

Uses comparative institutional evidence to examine how communities govern common-pool resources. The book identifies recurring features of durable self-governance, including rule fit, participation, monitoring, graduated sanctions, dispute resolution, and recognition of users' capacity to organize.

Elinor Ostrom. "Governing the Commons: The Evolution of Institutions for Collective Action." Cambridge University Press, 1990.

@book{Ostrom1990Governing,
  title = {Governing the Commons: The Evolution of Institutions for Collective Action},
  author = {Elinor Ostrom},
  year = {1990},
  publisher = {Cambridge University Press},
  doi = {10.1017/CBO9780511807763},
  url = {https://doi.org/10.1017/CBO9780511807763}
}
Source: Cambridge University Press DOI

19

Advanced

Anomalies: The Endowment Effect, Loss Aversion, and Status Quo Bias

Daniel Kahneman, Jack L. Knetsch, and Richard H. Thaler

1991 · Journal of Economic Perspectives

DOI: 10.1257/jep.5.1.193

Summary and citation

Documents evidence that ownership, reference points, and the current state affect valuation and choice. The article is important for legal analysis because endowment effects and status quo bias can alter bargaining behavior, default-rule effects, damage valuation, settlement incentives, and responses to legal entitlements.

Daniel Kahneman, Jack L. Knetsch, and Richard H. Thaler. "Anomalies: The Endowment Effect, Loss Aversion, and Status Quo Bias." Journal of Economic Perspectives, 1991.

@article{Kahneman1991Anomalies,
  title = {Anomalies: The Endowment Effect, Loss Aversion, and Status Quo Bias},
  author = {Daniel Kahneman, Jack L. Knetsch, and Richard H. Thaler},
  year = {1991},
  journal = {Journal of Economic Perspectives},
  doi = {10.1257/jep.5.1.193},
  url = {https://www.aeaweb.org/articles?id=10.1257/jep.5.1.193}
}
Source: American Economic Association

20

Advanced

Institutions

Douglass C. North

1991 · Journal of Economic Perspectives

DOI: 10.1257/jep.5.1.97

Summary and citation

Defines institutions as humanly devised constraints that structure political, economic, and social interaction. The article explains how formal rules, informal constraints, enforcement, transaction costs, and institutional change shape economic performance, making legal design part of a broader institutional environment.

Douglass C. North. "Institutions." Journal of Economic Perspectives, 1991.

@article{North1991Institutions,
  title = {Institutions},
  author = {Douglass C. North},
  year = {1991},
  journal = {Journal of Economic Perspectives},
  doi = {10.1257/jep.5.1.97},
  url = {https://www.aeaweb.org/articles?id=10.1257/jep.5.1.97}
}
Source: American Economic Association

21

Advanced

Order Without Law: How Neighbors Settle Disputes

Robert C. Ellickson

1991 · Harvard University Press

Summary and citation

Studies cattle-trespass disputes and neighbor relations in Shasta County to investigate when informal norms, reputational sanctions, and repeat interaction organize conduct outside formal legal processes. The book is a foundational empirical study of social norms and decentralized order.

Robert C. Ellickson. "Order Without Law: How Neighbors Settle Disputes." Harvard University Press, 1991.

@book{Ellickson1991Order,
  title = {Order Without Law: How Neighbors Settle Disputes},
  author = {Robert C. Ellickson},
  year = {1991},
  publisher = {Harvard University Press},
  url = {https://openlibrary.org/books/OL1867499M/Order_without_law}
}
Source: Open Library

22

Advanced

Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry

Lisa Bernstein

1992 · Journal of Legal Studies

DOI: 10.1086/467902

Summary and citation

Examines the diamond industry's private rules, arbitration institutions, and reputational sanctions. The article asks why sophisticated traders may prefer extralegal agreements and specialized enforcement when secrecy, speed, repeat dealing, and industry membership alter the relative costs of public adjudication.

Lisa Bernstein. "Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry." Journal of Legal Studies, 1992.

@article{Bernstein1992Opting,
  title = {Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry},
  author = {Lisa Bernstein},
  year = {1992},
  journal = {Journal of Legal Studies},
  doi = {10.1086/467902},
  url = {https://doi.org/10.1086/467902}
}
Source: University of Chicago Press Journals

23

Advanced

The Dynamics of Pretrial Negotiation

Kathryn E. Spier

1992 · Review of Economic Studies

Summary and citation

Models sequential settlement bargaining under one-sided incomplete information. The resulting deadline effects, delay, and inefficient trial outcomes show why adjudicated cases are a selected subset of underlying disputes.

Kathryn E. Spier. "The Dynamics of Pretrial Negotiation." Review of Economic Studies, 1992.

@article{Spier1992The,
  title = {The Dynamics of Pretrial Negotiation},
  author = {Kathryn E. Spier},
  year = {1992},
  journal = {Review of Economic Studies},
  url = {https://academic.oup.com/restud/article/59/1/93/1516746}
}
Source: Oxford Academic

24

Advanced

Gains, Losses, and the Psychology of Litigation

Jeffrey J. Rachlinski

1996 · Southern California Law Review

Summary and citation

Applies prospect theory to litigation behavior by showing how perceived gains and losses can shape risk attitudes in settlement. The article links framing and loss aversion to plaintiff and defendant strategy, fee shifting, attorney counseling, and the limits of models that treat litigation choices as wealth-based expected-value calculations.

Jeffrey J. Rachlinski. "Gains, Losses, and the Psychology of Litigation." Southern California Law Review, 1996.

@article{Rachlinski1996Gains,
  title = {Gains, Losses, and the Psychology of Litigation},
  author = {Jeffrey J. Rachlinski},
  year = {1996},
  journal = {Southern California Law Review},
  url = {https://scholarship.law.cornell.edu/facpub/795/}
}
Source: Cornell Law Scholarship Repository

25

Advanced

A Behavioral Approach to Law and Economics

Christine Jolls, Cass R. Sunstein, and Richard H. Thaler

1998 · Stanford Law Review

Summary and citation

Sets out behavioral law and economics as a program for legal analysis that relaxes neoclassical assumptions about rationality, willpower, and self-interest. The article organizes the field around positive prediction, prescriptive legal design, and normative evaluation, asking how legal rules should respond when real actors depart from the rational-actor model.

Christine Jolls, Cass R. Sunstein, and Richard H. Thaler. "A Behavioral Approach to Law and Economics." Stanford Law Review, 1998.

@article{Jolls1998A,
  title = {A Behavioral Approach to Law and Economics},
  author = {Christine Jolls, Cass R. Sunstein, and Richard H. Thaler},
  year = {1998},
  journal = {Stanford Law Review},
  url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2292029}
}
Source: SSRN

26

Advanced

Law and Behavioral Science: Removing the Rationality Assumption from Law and Economics

Russell B. Korobkin and Thomas S. Ulen

2000 · California Law Review

Summary and citation

Argues that law and economics should replace its strong rationality assumption with a more empirically grounded account of human behavior. The article surveys evidence from cognitive psychology and related behavioral sciences, then explains how legal policy analysis changes when bounded rationality, framing, heuristics, and social preferences are taken seriously.

Russell B. Korobkin and Thomas S. Ulen. "Law and Behavioral Science: Removing the Rationality Assumption from Law and Economics." California Law Review, 2000.

@article{Korobkin2000Law,
  title = {Law and Behavioral Science: Removing the Rationality Assumption from Law and Economics},
  author = {Russell B. Korobkin and Thomas S. Ulen},
  year = {2000},
  journal = {California Law Review},
  url = {https://lawcat.berkeley.edu/record/1117267}
}
Source: Berkeley Law Scholarship Repository

27

Advanced

Fairness versus Welfare

Louis Kaplow and Steven M. Shavell

2001 · Harvard Law Review

Summary and citation

Argues that legal-policy assessment should be based on effects on individuals' well-being rather than independent fairness criteria, while distinguishing welfare analysis from separate questions of income distribution. The article is a central reference for debates over welfarism, corrective justice, policy evaluation, and the normative limits of economic analysis.

Louis Kaplow and Steven M. Shavell. "Fairness versus Welfare." Harvard Law Review, 2001.

@article{Kaplow2001Fairness,
  title = {Fairness versus Welfare},
  author = {Louis Kaplow and Steven M. Shavell},
  year = {2001},
  journal = {Harvard Law Review},
  url = {https://hls.harvard.edu/bibliography/fairness-versus-welfare/}
}
Source: Harvard Law School

28

Advanced

Contract Theory and the Limits of Contract Law

Alan Schwartz and Robert E. Scott

2003 · Yale Law Journal

Summary and citation

Develops a normative theory for contracts between firms and asks when courts should enforce party-created terms, supply defaults, or decline broader regulation. The analysis ties legal intervention to information, verification, and institutional competence.

Alan Schwartz and Robert E. Scott. "Contract Theory and the Limits of Contract Law." Yale Law Journal, 2003.

@article{Schwartz2003Contract,
  title = {Contract Theory and the Limits of Contract Law},
  author = {Alan Schwartz and Robert E. Scott},
  year = {2003},
  journal = {Yale Law Journal},
  url = {https://yalelawjournal.org/article/contract-theory-and-the-limits-of-contract-law}
}
Source: Yale Law Journal

29

Advanced

Foundations of Economic Analysis of Law

Steven M. Shavell

2004 · Harvard University Press

DOI: 10.4159/9780674043497

Summary and citation

Synthesizes the economic analysis of property, torts, contracts, litigation, public enforcement, criminal law, and legal procedure. The book is foundational because it gives each field a common structure built around incentives, information, litigation costs, sanctions, risk, and welfare.

Steven M. Shavell. "Foundations of Economic Analysis of Law." Harvard University Press, 2004.

@book{Shavell2004Foundations,
  title = {Foundations of Economic Analysis of Law},
  author = {Steven M. Shavell},
  year = {2004},
  publisher = {Harvard University Press},
  doi = {10.4159/9780674043497},
  url = {https://doi.org/10.4159/9780674043497}
}
Source: Harvard University Press DOI

30

Advanced

Save More Tomorrow: Using Behavioral Economics to Increase Employee Saving

Richard H. Thaler and Shlomo Benartzi

2004 · Journal of Political Economy

DOI: 10.1086/380085

Summary and citation

Studies a retirement-savings program that lets employees commit future salary increases to higher contribution rates. The article connects present bias, inertia, commitment, and default design to the empirical evaluation of workplace savings arrangements.

Richard H. Thaler and Shlomo Benartzi. "Save More Tomorrow: Using Behavioral Economics to Increase Employee Saving." Journal of Political Economy, 2004.

@article{Thaler2004Save,
  title = {Save More Tomorrow: Using Behavioral Economics to Increase Employee Saving},
  author = {Richard H. Thaler and Shlomo Benartzi},
  year = {2004},
  journal = {Journal of Political Economy},
  doi = {10.1086/380085},
  url = {https://doi.org/10.1086/380085}
}
Source: University of Chicago Press DOI

31

Advanced

Institutions as a Fundamental Cause of Long-Run Growth

Daron Acemoglu, Simon Johnson, and James A. Robinson

2005 · Handbook of Economic Growth

DOI: 10.1016/S1574-0684(05)01006-3

Summary and citation

Surveys the proposition that economic institutions shape investment incentives and long-run development. The chapter connects property rights, political power, distributional conflict, and institutional persistence while clarifying the difficulty of identifying causal effects.

Daron Acemoglu, Simon Johnson, and James A. Robinson. "Institutions as a Fundamental Cause of Long-Run Growth." Handbook of Economic Growth, 2005.

@article{Acemoglu2005Institutions,
  title = {Institutions as a Fundamental Cause of Long-Run Growth},
  author = {Daron Acemoglu, Simon Johnson, and James A. Robinson},
  year = {2005},
  journal = {Handbook of Economic Growth},
  doi = {10.1016/S1574-0684(05)01006-3},
  url = {https://doi.org/10.1016/S1574-0684(05)01006-3}
}
Source: Elsevier DOI

32

Advanced

Property as the Law of Things

Henry E. Smith

2012 · Harvard Law Review

Summary and citation

Explains property as a modular system that uses thing-based boundaries to manage the information costs of legal relations that bind large and indefinite groups. The article connects exclusion strategies, governance rules, and private-law architecture.

Henry E. Smith. "Property as the Law of Things." Harvard Law Review, 2012.

@article{Smith2012Property,
  title = {Property as the Law of Things},
  author = {Henry E. Smith},
  year = {2012},
  journal = {Harvard Law Review},
  url = {https://harvardlawreview.org/print/vol-125/property-as-the-law-of-things/}
}
Source: Harvard Law Review

33

Advanced

Seduction by Contract: Law, Economics, and Psychology in Consumer Markets

Oren Bar-Gill

2012 · Oxford University Press

Summary and citation

Explains consumer contracts as products of market competition interacting with consumer psychology. The book analyzes contract complexity, short-term benefits, long-term costs, hidden fees, optimism, and limited attention, arguing that behavioral market failures can justify carefully designed disclosure and consumer-protection interventions.

Oren Bar-Gill. "Seduction by Contract: Law, Economics, and Psychology in Consumer Markets." Oxford University Press, 2012.

@book{BarGill2012Seduction,
  title = {Seduction by Contract: Law, Economics, and Psychology in Consumer Markets},
  author = {Oren Bar-Gill},
  year = {2012},
  publisher = {Oxford University Press},
  url = {https://academic.oup.com/book/4883}
}
Source: Oxford Academic

34

Advanced

Conceptualizing Contractual Interpretation

Alan Schwartz and Joel Watson

2013 · Journal of Legal Studies

DOI: 10.1086/668608

Summary and citation

Models the welfare tradeoffs among interpretive accuracy, contract-writing costs, investment incentives, and litigation. It clarifies when textual rules, contextual inquiry, and arbitration may serve different transactional environments.

Alan Schwartz and Joel Watson. "Conceptualizing Contractual Interpretation." Journal of Legal Studies, 2013.

@article{Schwartz2013Conceptualizing,
  title = {Conceptualizing Contractual Interpretation},
  author = {Alan Schwartz and Joel Watson},
  year = {2013},
  journal = {Journal of Legal Studies},
  doi = {10.1086/668608},
  url = {https://www.journals.uchicago.edu/doi/10.1086/668608}
}
Source: University of Chicago Press Journals

35

Advanced

Law and Economics, 6th edition

Robert Cooter and Thomas Ulen

2016 · Berkeley Law Scholarship Repository

Summary and citation

Provides an integrated textbook treatment of economic analysis across property, torts, contracts, legal process, crime, and public law. The freely available sixth edition is useful as an entry point because it explains core microeconomic tools, doctrinal applications, and institutional questions without treating economic efficiency as the only value at stake.

Robert Cooter and Thomas Ulen. "Law and Economics, 6th edition." Berkeley Law Scholarship Repository, 2016.

@book{Cooter2016Law,
  title = {Law and Economics, 6th edition},
  author = {Robert Cooter and Thomas Ulen},
  year = {2016},
  publisher = {Berkeley Law Scholarship Repository},
  url = {https://lawcat.berkeley.edu/record/1127400}
}
Source: Berkeley Law

36

Advanced

An Introduction to Law and Economics

A. Mitchell Polinsky

2019 · Wolters Kluwer

Summary and citation

Introduces the basic analytical toolkit of law and economics for readers approaching legal doctrine through incentives, efficiency, bargaining, remedies, liability, and enforcement. The book is especially useful as a concise bridge between introductory microeconomic ideas and legal applications.

A. Mitchell Polinsky. "An Introduction to Law and Economics." Wolters Kluwer, 2019.

@book{Polinsky2019An,
  title = {An Introduction to Law and Economics},
  author = {A. Mitchell Polinsky},
  year = {2019},
  publisher = {Wolters Kluwer},
  url = {https://search.worldcat.org/title/1039897491}
}
Source: WorldCat