Post by Sapphire Capital on Jul 23, 2008 21:37:22 GMT 4
The Economics of the Bill of Rights
HUGO M. MIALON
Emory University - Department of Economics
PAUL H. RUBIN
Emory University - Department of Economics; Emory University - School of Law
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American Law and Economics Review, Vol. 10, Issue 1, pp. 1-60, 2008
Abstract:
We elucidate, connect, and synthesize the literature that employs economics to study the individual rights and freedoms protected by the constitutional amendments comprising the Bill of Rights, especially as they relate to crime. Economics is uniquely suited to studying decisions involving tradeoffs, and each of the amendments requires tradeoffs. Emphasizing these tradeoffs allows us to discuss the constitutional rights in terms of more or less, as opposed to taking an absolutist approach. We find that the economic literature on the amendments of the Bill of Rights is vibrant and growing, and that viewing the amendments within the framework of economics is highly useful.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1145996
HUGO M. MIALON
Emory University - Department of Economics
PAUL H. RUBIN
Emory University - Department of Economics; Emory University - School of Law
--------------------------------------------------------------------------------
American Law and Economics Review, Vol. 10, Issue 1, pp. 1-60, 2008
Abstract:
We elucidate, connect, and synthesize the literature that employs economics to study the individual rights and freedoms protected by the constitutional amendments comprising the Bill of Rights, especially as they relate to crime. Economics is uniquely suited to studying decisions involving tradeoffs, and each of the amendments requires tradeoffs. Emphasizing these tradeoffs allows us to discuss the constitutional rights in terms of more or less, as opposed to taking an absolutist approach. We find that the economic literature on the amendments of the Bill of Rights is vibrant and growing, and that viewing the amendments within the framework of economics is highly useful.
papers.ssrn.com/sol3/papers.cfm?abstract_id=1145996