Marciano A., Ramello G. (eds) Encyclopedia of Law and Economics. Springer, New York, NY., 2020
The most of economic analysis of law uses economic efficiency as a normative criterion or for th... more The most of economic analysis of law uses economic efficiency as a normative criterion or for the purpose of positive analysis. The term Economic Efficiency refers to the relationship between aggregate benefits and costs to the individuals concerned. Among the widely used efficiency criteria are the Pareto Optimality, the Kaldor-Hicks, the Cost-Benefit and the Wealth Maximization criterion. In this essay, we discuss economic efficiency as a tool for the social choice among the alternative legal rules. Discussion is carried out by using illustrative examples. We show that in several contexts the efficiency can serve as a useful tool for comparing the legal rules. However, it has serious limitations as well. In several situations, the efficiency criteria can fail to compare legal rules or can lead to contradictory rankings. Moreover, the assumptions underlying some of the efficiency criteria do not hold always. We discuss merits and demerits of various efficiency criteria. It shown that in the real world, economic efficiency has limitations as a guide for making social choice from among the legal institutions.
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Papers by Ram Singh
of liability between two strictly non-negligent or “vigilant” parties. In this paper,
we explore the economic efficiency of liability rules based on comparative vigilance.
We devise rules that are efficient and that reward vigilance. Commonly used liability
rules have discontinuous liability shares. We develop a liability rule, which we
call the “super-symmetric rule,” that is both efficient and continuous, that is based
on comparative negligence when both parties are negligent and on comparative vigilance
when both parties are vigilant, and that is always responsive to increased care.
Drafts by Ram Singh
emanating from the model are tested using a dataset of 313 national highways projects in India. The empirical analysis examines validity of a widely held belief that PPPs are better than the traditional contracts in terms of the cost and quality of infrastructure. We show that the construction costs are significantly higher for PPPs than the traditionally
procured (non-PPP) highways. For a subset of projects, we compare the quality of PPPs with the non-PPP roads. Our analysis shows that the PPPs encourage life-cycle approach towards project costs. Moreover, the quality of PPP roads is better than the traditional highways
of liability between two strictly non-negligent or “vigilant” parties. In this paper,
we explore the economic efficiency of liability rules based on comparative vigilance.
We devise rules that are efficient and that reward vigilance. Commonly used liability
rules have discontinuous liability shares. We develop a liability rule, which we
call the “super-symmetric rule,” that is both efficient and continuous, that is based
on comparative negligence when both parties are negligent and on comparative vigilance
when both parties are vigilant, and that is always responsive to increased care.
emanating from the model are tested using a dataset of 313 national highways projects in India. The empirical analysis examines validity of a widely held belief that PPPs are better than the traditional contracts in terms of the cost and quality of infrastructure. We show that the construction costs are significantly higher for PPPs than the traditionally
procured (non-PPP) highways. For a subset of projects, we compare the quality of PPPs with the non-PPP roads. Our analysis shows that the PPPs encourage life-cycle approach towards project costs. Moreover, the quality of PPP roads is better than the traditional highways