All Outputs (2)

Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning (2010)
Journal Article
Cserne, P. (2010). Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning. Humanitas Journal of European Studies, 3, 9-30

This paper is a modest contribution to a long lasting discussion in legal theory and touches on two broad and related questions: what is and what ought to be the role of consequence-based arguments in legal reasoning. Although putting too much stress... Read More about Policy arguments before courts: Identifying and evaluating consequence-based judicial reasoning.

On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need (2010)
Journal Article
Szalai, A., & Cserne, P. (2010). On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need. Silesian journal of legal studies, 2, 11-25

In this paper the authors argue that the received view is unwarranted. Their model suggests that in many cases the socially efficient contract price is higher than the rescue costs. To be sure, due to serious information problems the practical implem... Read More about On the Necessity of Necessity: An Economic Analysis of Contracts Concluded in a Situation of Need.