Law's Order: What Economics Has to Do with Law and Why It Matters

by David D. Friedman

Book Overview

What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims...

• Format: Paperback
• Language: English
• ISBN: 0691090092
• ISBN13: 9780691090092
• Release Date: November 2001
• Publisher: Princeton University Press
• Length: 338 Pages
• Weight: 0.90 lbs.
• Dimensions: 0.8" x 6.1" x 9.2"

Customer Reviews

Should Voodoo practice be punishable?

As soon as I was finished with this book, I turned around and read it again. Friedman is picking up a theme that he introduced towards the end of the revised Machinery of Freedom, in which he states that in order to understand certain mechanisms, we must undertake the economic analysis of law. This discipline was generally considered to have been initiated by Ronald Coase and taken up and popularized by Richard Posner. Friedman's own work advances the study into areas of law that relate to the internet and computers.This particular book, however, concentrates on advancing the work done by Posner to a wider audience. Posner's perspective is that of a very, very talented legal theorist attempting to apply economic tools to law; Friedman's is that of a very talented economist applying his own discipline to law.The complete book is available online; in fact the book was intended to be an off-line anchor for a number of other links. Friedman does away with references to landmark cases, mathematics, and other references in the book, and moves them all to the online version. While it seemed like a good idea at thte time, I ultimately found it to be annoying.I would say that this is the first book I've read that connects technical economic ideas - like efficiency, the Coase Theorem, externalities, and rent-seeking - to the real world with practical applications.Like whether or not voodoo practice should be punishable as attempted murder (huh? Read the book - this and other stories are both entertaining and enlightening).

Compelling reading about a different kind of "legal" system.

Anyone who has had the privilige of debating David Friedman on the Internet knows that he is though-provoking. Most books about law discuss this loophole or that bias or perhaps the outrage du jour. What is missing, though, is an alterative system.David Friedman comes at the subject from a different angle. What if the legal system operated like any other market system?Well, not just ANY other market system. One of the presumptions is that to be truly efficient the market must be completely free. Any system today is encumbered by vested interests, many of which can be traced back to an economic concern. Why not bring that out into the open?Would you subscribe to a traffic court where penalties were based on how much economic damage your behavior caused? In a way, you already do!You'll be thinking that way about all manner of legal issues after reading this book. A good addition to anyone's shelf, especially those of us who enjoy a philosphical reality check.

Challenging and Thought-Provoking Reflections

At the outset, I must acknowledge that this proved to be one of the most challenging books I have read in recent years. (You can thus understand why it was also among the most thought-provoking books I have read in recent years.) The subtitle informed me that Friedman would explain "what economics has to do with law and why it matters." In the Introduction, he observes:"The legal rules that we are most familiar with are laws created by legislatures and enforced by courts and police. But even in our society much of the law is the creation of not of legislatures but of judges, embedded in past precedences that determine how future cases will be decided; much enforcement of the law is by private parties such as tort victims and their lawyers rather than by police; and substantial bodies of legal rules take the form, not the laws, but of private norms, privately enforced."Friedman helps his reader to "understand various systems of legal rules by asking what consequences they will produce in a world in which rational individuals adjust their actions to the legal rules they face." He cites two possible objectives of the economic approach to achieve such understanding the logic of law: the law may have no logic to understand or the law does have a logic "but that it is, or at least ought to be, concerned not with economic efficiency but with justice." These are indeed critically important issues. How to address them? Friedman does so with an economic analysis of the law in terms of both economic ideas and areas of the law. First, he examines basic economic concepts (e.g.) "that can be used to to understand a wide range of legal issues. Then he shifts his attention to various questions raised what that examination reveals. For example: Why do other legal systems differ so much from ours? Why have two legal systems -- tort law and criminal law -- which "do roughly the same thing [but] in different ways?" Why not eliminate one of them? What arguments can be made to support or oppose the view that "judge-made law" is economically efficient? In the final chapter, he summarizes "what we have learned about systems of legal rules" throughout his extended analysis of the interaction of law with economics.If I correctly understand what Friedman has shared throughout the book (and I may well do not), his ultimate objective is to create what is (in effect) a rough draft of what in final form would be a much more efficient legal system. Such a system would presumably increase the efficiency of other domestic systems (e..g. political and economic) as well as, in all probability, the efficiency of those systems' interaction with counterparts in other countries. For me at least, this was not an easy book to read, in part because I lack any formal education in either law or economics but also because of the inherent difficulty of drawing correlations and suggesting cause-and-effect relationships between two such complex human enterprises...

Well written, well reasoned, and inspiringly insightful

This book, as its title suggests, is on the ECONOMICS of law. And as Dr. Friedman skillfully illustrates in the text, economics has a great deal to say about both the theory and application of law. In particular anyone interested in understanding how modern systems of law arose will find fascinating information in this book that isn't often discussed in your run-of-the-mill law, history, or economics courses. This is just the sort of information that is important to achieving a better understanding of the structure of legal systems, yet is, perhaps necessarily, left out of most courses in law (or history or economics) because it doesn't neatly fit into any one category.The use of economic tools and ideas to analyze and understand legal systems is a relatively new idea. Yet as you'll discover when reading this book, it is a very GOOD idea. One that yields immediate and satisfying results. The book places modern legal systems in their proper historical context. It compares private and public methods of handling a variety of legal issues and disputes.What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages the muggers to kill their victims (since they are less likely to be caught if there are no surviving witnesses). This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting.Buy this book or steal your friend's copy. It, along with David Friedman's other works, are well worth reading.

Well Organized, Clear and Concise

David Friedman presents a well organized, clear and concise treatise of Law and Economics from a positive perspective. This book is orgainzed into twenty-two chapters dealing with everything from the efficiency of law to antitrust enforcement. Friedman uses excellent examples and writes in a clear manner making this book easily understood by the layman, first year law students or undergraduate economics students.