The Legal Analyst: A Toolkit for Thinking About the Law by Ward Farnsworth

Author:Ward Farnsworth
Language: eng
Format: azw3
Tags: Legal History, Law, General
ISBN: 9780226238364
Publisher: University of Chicago Press
Published: 2007-06-14T21:00:00+00:00

We could continue this look at various communities and the ways they use or suppress market mechanisms. Marriages, clubs, apartment buildings, and most of the other circles people draw to organize their common life involve competition at some stages and not others, and these preferences find expression in a mix of law and custom. But by now the tools for analysis this chapter is meant to offer have become familiar enough. Much of our private law is about bargains, and how to facilitate them or imitate them. Much of our public law is about the suppression of bargaining and other market mechanisms that aren’t wanted for various reasons. In corners of life where markets have thus been subdued, we have a set of questions to ask that may help us see deeper into the reasons and results: whether the suppression may be for the sake of norms that help build a sense of community among the players; whether there may then be costs and evasions of the sort that often follow when we tame aggressive private ordering and push economic forces out of view; and who the gainers and losers turn out to be.

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