Martina Troisi Luca Micheli

Redistributive Efficiency and «Optional Law»: Law and Economics in the Italian Civil Code

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Abstract

The present work constitutes the second attempt to square some sections of the Italian civil code within the framework of the optional law theory, which is an extension of the Calabresi & Melamed renowned article One View of the Cathedral (1972). Particularly, the paper aims to conduct an economic analysis of some norms related to property that take the form of «put»-option rules – options that trigger coercive acquisitions. The aforementioned analysis has been executed through the application of an original concept of efficiency that, diverging from the well-established Pareto and Kaldor-Hicks models, takes into account redistributive impacts. Furthermore, the additional purpose of this study is to advocate for dialogue between Law and Economics, acknowledging them as social sciences with mutual objectives.

Keywords

  • Efficiency
  • Redistribution
  • Law and economics
  • Calabresi
  • Melamed
  • Cathedral
  • Optional law
  • Civil Code
  • Property
  • Tort

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