Lawyers and Economic Consequences
“Lawyers and Economic Consequences” (paper presented at the 1993 New Zealand Law Conference: The Law and Politics, Wellington, March 1993).
Victoria University of Wellington Legal Research Paper Series Richardson Paper No. 58
10 Pages Posted: 12 Jun 2013 Last revised: 18 Feb 2015
Date Written: 1993
Abstract
In this paper Sir Ivor Richardson discusses the potential for the use of economic analysis by the courts. He notes the difference between positive and normative economic analyses and explains that it is the latter which is controversial. He then examines the argument that lawyers and courts should not be concerned with economic analysis. He explains why this argument has come about, and how, contrary to this thinking, such analysis can be of use in diverse areas of law such as competition law, tort law, in the exercise of discretion and under the New Zealand Bill of Rights Act.
Keywords: Law and Economics, Economic Analysis, Empirical Evidence, Efficacy of Law, Balancing of Public Interests
JEL Classification: K10, K30
Suggested Citation: Suggested Citation