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The Strategic Constitution ebook

by Robert D. Cooter


Cooter is extraordinarily adept at crossing the disciplinary boundaries among economics, law, and politics.

Cooter is extraordinarily adept at crossing the disciplinary boundaries among economics, law, and politics. The book will be a wonderful textbook for advanced undergraduates and graduate students in the three disciplines. Moreover, many of Cooter's original arguments will generate considerable interest among leading social scientists as well. The scope of the book is simply breathtaking. -Geoffrey Garrett, Yale University. I found this book to be incredibly stimulating.

Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices.

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Robert D. Cooter has written a marvelous book. The Strategic Constitution is truly a tour de force, applying economic analysis to virtually the full range of constitutional issues that arise in a democracy and doing so in a way that is both engaging and sprinkled with humor. The book deserves to be standard reading for those with a serious interest in the fit between constitutions and democratic values. -Stephen Brooks, Democratization

Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity.

Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity.

The book should be suitable for use in a class for advanced undergraduates, law students, or graduate students. First posted September 2016. Recommended Citation. Cooter, Robert . "The Strategic Constitution" (2000). Each chapter contains problems and exercises to test and deepen the reader's understanding. I have taught parts of this book to students at Berkeley for several years.

The strategic constitution. Princeton university press, 2002. Bargaining in the shadow of the law: A testable model of strategic behavior. R Cooter, S Marks, R Mnookin. The Journal of Legal Studies 11 (2), 225-251, 1982.

Similar books and articles. Against Originalism: Getting Over the U. S. Constitution. The Significance of Signatures: Why the Framers Signed the Constitution and What They Meant by Doing So. Michael Coenen - unknown. A. Barandalla & M. Ridge - 2011 - Analysis 71 (2):364-380. The Formation of Husserl’s Concept of Constitution. Robert Sokolowski - 1964 - M. Nijhoff. Marya Schechtman, The Constitution of Selves:The Constitution of Selves. Cooter (born May 2, 1945) is the Herman F. Selvin Professor of Law at the University of California, Berkeley, School of Law. Cooter works in the field of law and economics

Robert D. Cooter works in the field of law and economics. In 1999 he was elected to the American Academy of Arts and Sciences.

Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance.

By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods.

To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments.

This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

Vichredag
If economic analysis of law had developed in continental Europe it would probably have begun with Constitutional law, rather than torts (Cf. Calabresi, the Cost of Accidents). As it was, the body of economic analysis of constitutional law is just starting to come together from a variety of sources, including public choice theory. Cooter came up with the idea for this book by way of discussions with European constitutional law experts. The book has all the merits of Cooter & Ulen's "Law and Economics". It is very easy to follow because it has been clearly written. It is not as deep, but neither is it as verbose as Posner, nor as insightful, or as superficial, as Sunstein. As a law and economics professor I have found it a Godsend. Its many examples and exercises make it a perfect undegraduate textbook, and it is high time it were translated into other languages (particularly Spanish, where there is no equivalent contemporary text). One would hope that Cooter would follow it up with a casebook with American and European cases. This is still a white space, and there's no one better qualified than Cooter to fill it up.
One caveat is that The Stratetic Constitution still shows the joints between some of the chapters and the greater whole, and there seem to be other subjects which could have been dealt with in greater detail, such as the impact of positive constitutional rights, which is significant in many countries whose systems are based on statutory law.
Bolanim
Well written, simple and complete. If I wasn't aware of the existing public choice literature I would have thought that this branch of economics (or law?) is mature and well developed, and that this book is a University textbook for a would-be course in Constitutional law and economics (if ever tought). However, this field is still fresh and unchartered, and this book gives a good idea of what to expect next.
The Strategic Constitution ebook
Author:
Robert D. Cooter
Category:
Business & Finance
Subcat:
EPUB size:
1525 kb
FB2 size:
1341 kb
DJVU size:
1655 kb
Language:
Publisher:
Princeton University Press (April 10, 2000)
Pages:
440 pages
Rating:
4.8
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