This collection of essays by one of America's leading legal theorists is unique in its
scope. It shows how traditional problems of philosophy can be understood more clearly when
considered in terms of law, economics, and political science. There are four sections in
the book. The first offers a new version of legal positivism and an original theory of
legal rights. The second section critically evaluates the economic approach to law, and
the third considers the relationship of justice to liability for unintentional harms and
to the practice of settling disputes rather than fully litigating them. Finally, Coleman
explores formal social choice in democratic theory, the relationship between market
behaviour and voting, and the view that morality itself, like law, is a solution of the
problem of market failure. This book will be of cardinal importance to philosophers of
law, legal theorists, political scientists, and economists.
Table of Contents Preface
Acknowledgments
Pt. I Law and Morality
1 Negative and positive positivism 3
2 Rethinking the theory of legal rights 28
Pt. II Law and Economics
3 Efficiency, auction and exchange 67
4 Efficiency, utility and wealth maximization 95
5 The foundations of constitutional economics 133
Pt. III Torts, Crimes and Settlements
6 Crimes, kickers and transaction structures 153
7 The morality of strict tort liability 166
8 Corrective justice and wrongful gain 184
9 Justice in settlements 202
Pt. IV Markets, Morals and Politics
10 Market contractarianism 243
11 Unanimity 277
12 Democracy and social choice 290
13 Morality and the theory of rational choice 311
Notes 343
414 pages, Paperback