Economic Analysis of Public and Criminal Law: A Survey

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This essay is the last in a series of three in which Richard Posner and Francesco Parisi trace the forty-year history of the economic analysis of law. The first, published in issue no. 147, reconstructed the origins of the economic analysis of law. The second (no. 148) was dedicated to the economic analysis of the various aspects of private and commercial law. In this study, the authors mention and discuss the most significant contributions to the analysis of public and criminal law (the question of optimal criminal sanctions, deterrence and criminal law enforcement), constitutional and public law (free speech and the market for ideas, labour law, union law).