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The Law of Damages and the Prisoners' Dilemma: A Comment on ‘Pure and Utilitarian Prisoners' Dilemmas’

Published online by Cambridge University Press:  05 December 2008

Hamish Stewart
Affiliation:
University of Toronto

Extract

Kuhn and Moresi (1995) (henceforth, K&M) have proposed a useful taxonomy for classifying prisoners' dilemmas (henceforth, PDs). This comment is concerned with K&M's observation that legal penalties for defection can transform PDs into cooperative games, and their argument that the role of the law may vary depending on how the PD is classified by their taxonomy. The purpose of this note is to support K&M's analysis by demonstrating that the law of damages, as understood by economic analysis, already performs the function that K&M assign to legal penalties for defection.

Type
Essays
Copyright
Copyright © Cambridge University Press 1997

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References

Benson, Peter. 1995. ‘The idea of a public basis of justification for contract.’ Osgoode Hall Law Journal, 33:273336CrossRefGoogle Scholar
Corbin, Arthur Linton. 1964. Corbin on Contracts. West Publishing CompanyGoogle Scholar
Friedman, David. 1989. ‘An economic analysis of alternative damage rules for breach of contract’. Journal of Law and Economics, 32:281310CrossRefGoogle Scholar
Holmes, Oliver Wendell. 1881. The Common Law. Little, BrownGoogle Scholar
Kuhn, Steven T. and Moresi, Serge. 1995. ‘Pure and utilitarian prisoners' dilemmas’. Economics and Philosophy, 11:333–43CrossRefGoogle Scholar
Polinsky, Mitchell. 1983. An Introduction to Law and Economics. Little, BrownGoogle Scholar
Posner, Richard. 1981. The Economics of Justice. Harvard University PressGoogle Scholar
Posner, Richard. 1993. Economic Analysis of Law, 4th ed.Little, BrownGoogle Scholar
Shavell, Steven. 1980. ‘Damage measures for breach of contract’. Bell Journal of Economics, 11:466–90CrossRefGoogle Scholar