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The Economics of the Bill of Rights

The Economics of the Bill of Rights We elucidate, connect, and synthesize the literature that employs economics to study the individual rights and freedoms protected by the constitutional amendments comprising the Bill of Rights, especially as they relate to crime. Economics is uniquely suited to studying decisions involving tradeoffs, and each of the amendments requires tradeoffs. Emphasizing these tradeoffs allows us to discuss the constitutional rights in terms of more or less, as opposed to taking an absolutist approach. We find that the economic literature on the amendments of the Bill of Rights is vibrant and growing, and that viewing the amendments within the framework of economics is highly useful. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Law and Economics Review Oxford University Press

The Economics of the Bill of Rights

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Publisher
Oxford University Press
Copyright
The Author 2008. Published by Oxford University Press on behalf of the American Law and Economics Association. All rights reserved. For Permissions, please e-mail: journals.permissions@oxfordjournals.org
Subject
Articles
ISSN
1465-7252
eISSN
1465-7260
DOI
10.1093/aler/ahn002
Publisher site
See Article on Publisher Site

Abstract

We elucidate, connect, and synthesize the literature that employs economics to study the individual rights and freedoms protected by the constitutional amendments comprising the Bill of Rights, especially as they relate to crime. Economics is uniquely suited to studying decisions involving tradeoffs, and each of the amendments requires tradeoffs. Emphasizing these tradeoffs allows us to discuss the constitutional rights in terms of more or less, as opposed to taking an absolutist approach. We find that the economic literature on the amendments of the Bill of Rights is vibrant and growing, and that viewing the amendments within the framework of economics is highly useful.

Journal

American Law and Economics ReviewOxford University Press

Published: Apr 2, 2008

Keywords: JEL Classification K00 K10 K40 H00 H10 H11

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