General information
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Academic year:
- 2024
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Description:
- (1) An introduction to the economic approach to human behavior. Rational choice, welfare and social values. (Amartya Sen, Gary Becker and Daniel Kahneman). (2) What is "Law & Economics"? Positive and normative analysis. The concept of efficiency of rules and policies and its relationship with morals (Posner - Calabresi - Coase). (3) Criminal Law. The "economics" of crime. What acts should be made criminal offenses? The decision to commit a crime and the definition of "optimal punishment". Different kinds of criminal response. (4) Private Law. Contracts from a "Law and Economics" viewpoint. The social role of exchange. The enforcement of private legal agreements between economics and morality. (5) Tort Law. The social functions of tort law. Negligence and strict liability. The "optimal" level of deterrence.(6) The economics of judicial politics. Elections, judicial review and democratic legitimacy.
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ECTS credits:
- 3
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Course coordinator:
- Marco Segatti
Groups
Group
A
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Duration:
- One-semester, 1st semester
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Teaching staff:
- Marco Segatti
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Language of the classes:
- English (100%)
Competences
- CG1. Aprendre de manera autònoma
- CG2. Analyse complex situations and design strategies to address them
- CG2. Analitzar situacions complexes i dissenyar estratègies també creatives per a la seva solució
- CG2. Treballar en equip
- CG3. Understand and critically evaluate information regarding the various sectors of the legal system
- CG4. Capacitat de comunicació oral i escrita
- CG4. Analitzar situacions complexes i dissenyar estratègies per a la seva solució
- CG5. Conèixer i utilitzar una llengua estrangera
- CG5. Comunicar-se correctament de manera oral i escrita
- CG6. Use legal reasoning and arguments in the various sectors of the legal system
- CG6. Aprendre de manera autònoma
- CG6. Utilitzar correctament una llengua estrangera
- CG7. Know a foreign language
- CG7. Use the English language
- CG8. Learn autonomously
- CG9. Communicate orally and in writing
- CE1. Assess the costs and the sustainability of legislative proposals and of specific doctrinal and jurisprudential solutions
- CE8. Analyse the legal framework and apply the operating model for different crime control agents, in different situations
- CE10. Understand and know economic reality, basic economic institutions, and the economic implications of every legal decision
- CE14. Analyse the crime prevention and intervention models and select the most appropriate one(s) for each specific problem
- CE19. Percebre el caràcter unitari de l'ordenament jurídic i adquirir consciència de la interdisciplinarietat dels problemes jurídics
Syllabus
1. General framework. Positive analysis. Normative analysis. The concept of efficiency. The Coase Theorem.
2. Private Law (Part I): Contracts. Benefits of exchange. Enforcing legal agreements.The enforcement of private legal agreements between economics and morality. Efficient breach and default remedies.
3. Private Law (Part II). Tort Law. Reducing the costs of accidents. Optimal deterrence. Risk aversion and insurance.
4. Private and Public Law: The economics of litigation. The decision to sue. The rationality of Settlement. The economics behind the standard of proof.
5. Public Law: Criminal Law. What acts should be made criminal offenses? The decision to commit a crime and the definition of optimal punishment. Different kinds of criminal response.
6. The Economics of Politics: Public Choice Theory. Elections, representation and democratic legitimacy.
Activities
|
Activity type
|
Hours with a teacher
|
Hours without a teacher
|
Virtual hours with a teacher
|
Total
|
| Debate |
3,00 |
6,00 |
0
|
9,00 |
| Lecture / text commentary |
0
|
27,00 |
0
|
27,00 |
| Assessment test |
3,00 |
3,00 |
0
|
6,00 |
| Participatory class |
15,00 |
18,00 |
0
|
33,00 |
|
Total
|
21,00 |
54,00 |
0
|
75 |
Bibliography
- Calabresi, Guido (1970). The Costs of Accidents. New Haven: Yale University Press.
- Coase, R. (1960). The Problem of Social Cost. The Journal of Law and Economics, 3(), 1-44
- Cooter, Robert (2000). The Strategic Constitution. New Jersey: Princeton University Press.
- Frost, Brian (2004). Errors of Justice. Nature, Sources and Remedies. Cambridge University Press.
- Kaplow, Louis.; Shavell, Steven (2002). Fairness versus welfare. Cambridge, Mass. Harvard University Press. Catàleg
- Miceli, Thomas J. (2004). The Economic Approach to Law. Stanford, California: Stanford Economics and Finance. Catàleg
- Posner, R. (2014). Economic Analysis of Law. New York: Aspen. Catàleg
- Shavell, Steven (2004). Foundations of Economic Analysis of Law. Cambridge: Belknap Press of Cambridge University Press. Catàleg
Assessment and Grading
Assessment activities:
|
Description of the activity
|
Assessment Activity
|
% |
Remediable subject
|
| Interactive lectures |
Participation in Class |
15 |
No |
| Exam |
It is a written open book examen in which the student has to apply the basic concepts inclued in the syllabus. |
85 |
Yes |
Grading
The continued evaluation plan consists of: a) a minimum of 80% attendance in scheduled classroom sessions, b) a written open book examen in which the student has to apply the basic concepts included in the syllabus; and c) participation in class (no more than 15% of the final mark). This open book exam will be held the last day of the course.
For those students that followed but did not pass the continued evaluation, there will be a final exam consisting in multiple choice questions.
Specific criteria for the "No show" grade:
Any student who does not show up to take the final test as scheduled according to the official calendar of exams will be given a mark of “absent”. Students who have successfully completed the activities of continued evaluation plan are not required to take the final exam.
Single Assessment:
This special assessment will consist in a multiple choice exam, or a combination of a multiple choice exam in addition to open questions, on the entire content of the subject matter. It is not an open book exam.
Minimum requirements to pass:
To pass the exam, a minimum qualification of 5.0 is required.
Mentorship
At the scheduled time, in person, or also virtually, by previous appointment with the Professor.
Communication and interaction with students
In person or by email (or virtually, via other means).
Remarks
This subject is included in the ENGLISH PROGRAMME of the Faculty of Law of the University of Girona. All learning activities and materials are in English. Therefore, a minimum level of English is necessary to be able to follow the lessons. Previous knowledge of economic theory is NOT required to take this course.
Design Amendment
Amendment of activities:
If necessary, classes will be held in part, or completely, online, according to circumstances and guidelines communicated by the University.
Amendment of the assessment:
In case of online classes (either in part or completely), the personal participation of the students will be evaluated accordingly (i.e., online participation). Individual works and/or tasks will be assigned; possibly, the students will have the possibility to film and upload brief videos, whose content will be assessed.
Mentoring and communication:
According to circumstances, by email or other virtual means.