Allocating Risks and Suffering: Some Hidden Traps
This chapter begins by examining some basics in Adam Smith's conception of economics, and then tells the story of the evolution of the law about mantraps in the 1820s in England and later in the United States. This sets the scene for an examination of Posner's engagement with the same body of tort and criminal law, and with the concept of intention in the law, generally. The weaknesses at the heart of an Economic Analysis of Law are identified, and its unfitness for adjudication. Political community has no goal analogous to a one-project firm which can account completely to its shareholder's at project's end. The distinction between the intended and its foreseen or foreseeable side effects is appropriately relevant in law.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.