LAWGENRL 455 : Economic Analysis of Public and Private Law
Law
2023 Semester Two (1235) (10 POINTS)
Course Prescription
Course Overview
The economic analysis of law is a predominant paradigm in US legal scholarship. It is also increasingly influencing legal scholarship in other parts of the world. This course will give an introduction to this key method of legal analysis. We will first discuss what role economic thinking can play in legal reasoning. Then, we will analyse certain economic concepts, such as markets, game theory or behavioral economics, which are important for the economic analysis of law. Finally, we will look at how economic concepts have been applied in different areas of law. We will focus, inter alia, on tort and contract law, constitutional and public international law as well as the economic analysis of judicial decision-making.
The course consists of four major parts, which are interlinked with each other:
1. Foundations of the Economic Analysis of Law (lectures 1-4): What is the function of economic analysis in legal reasoning? What are the basic economic concepts? What is the use of empirical research for legal decision-making?
2. Economic Analysis of Private Law (lectures 5-7): What is the role of economic analysis in tort law, contract law and competition and antitrust law?
3. Economic Analysis of Public Law and International Law (lectures 8-11): What is the role of economic analysis for environmental regulation? How can economic analysis help us in resolving normative problems regarding the political process? What lessons does economic analysis teach us about the effectiveness of international law?
4. Economic Analysis of Judicial Decision-making (lecture 12): What factors determine the decision-making of judges?
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
| Capability 5: | Independence and Integrity |
| Capability 6: | Social and Environmental Responsibilities |
Learning Outcomes
- Apply abstract economic concepts to concrete legal problems and the interpretation of legal rules. (Capability 1.3, 2.1, 2.2, 3.1, 3.2, 3.3, 6.2 and 6.3)
- Construct legal arguments using economic principles and empirical methods. (Capability 1.3, 2.2, 2.3, 3.1, 3.2, 3.3 and 6.3)
- Critically reflect and evaluate the design of legal rules based on economic rationality. (Capability 2.1, 2.2, 3.1, 3.3 and 6.3)
- Predict decisions of judges and political actors by analyzing their incentives. (Capability 2.1, 2.2, 3.1 and 3.3)
- Write a persuasive essay using legal and extra-legal arguments. (Capability 4.1, 5.1 and 5.2)
- Collaborate by doing small in-class discussions on certain legal problems. (Capability 4.1, 4.2 and 4.3)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Reaction paper | 20% | Individual Coursework |
| Research outline | 20% | Group & Individual Coursework |
| Essay | 60% | Individual Coursework |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |||||
| Reaction paper | ||||||||||
| Research outline | ||||||||||
| Essay | ||||||||||
Workload Expectations
This is a standard 10-point course. There will be around 24 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 100 hours.
Delivery Mode
Campus Experience
Attendance is expected at scheduled activities to receive credit for components of the course.
Lectures will be available as recordings. Other learning activities including class discussions will not be available as recordings.
The activities for the course are scheduled as a standard weekly timetable.
Learning Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
No feedback from a previous iteration is available. You will be invited to give your constructive feedback at the end of this course.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Class Representatives
Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Learning Continuity
In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.