CONTENTS

1 An Introduction to the Economics of Nonmarket Behavior
The Plan of the Book

I JUSTICE AND EFFICIENCY

2 Blackstone and Bentham
Blackstone's Commentaries
Bentham's Antipathy to Blackstone
Blackstone and Bentham Compared

3 Utilitarianism, Economics, and Social Theory
Some Problems of Utilitarianism
Wealth Maximization as an Ethical Concept

4 The Ethical and Political Basis of Wealth Maximization
The Consensual Basis of Efflciency
Implications for the Positive Economic Analysis of Law
Dworkin's Critique of Wealth
Maximization

II THE ORIGINS OF JUSTICE

5 The Homeric Version of the Minimal State
A Taxonomy of Limited Government
Government and Political Values in Homer
The Homeric Social Order
Homeric lndividualism
Some Modern Paraileis
The theory of the State

6 A Theory of Primitive Society
The Costs of Information
A Model of Primitive Society
Other Primitive Adaptations to High Information Costs

7 The Economic Theory of Primitive Law
The Legal Process
Property
Contracts
Family Law
The System of Strict Liability in Tort
Criminal Law

8 Retribution and Related Concepts of Punishment
From Revenge to Retribution, and Beyond
Poliution: Retribution against Neighbors and Descendants
Guilt versus Responsibility

III PRIVACY AND RELATED INTERESTS

9 Privacy as Secrecy
The Economics of Private Information and Communications
The Tort Law of Privacy

10 A Broader View of Privacy
The Etymology of Privacy: Seclusion and Autonomy
Evidence for the Economic Theory of Privacy
The Common Law and the Economic Theory of Privacy
Defamation and Disparagement
The Statutory Privacy Movement

11 The Privacy Jurisprudence of
the Supreme Court
Privacy Cases before Griswold
The Griswold Decision
Privacy in the Supreme Court since Griswold
Conclusion

IV THE SUPREME COURT AND DISCRIMINATION

12 The Law and Economics of Discrimination
13 The DeFunis Case and Reverse Discrimination
The Reasonableness of Reverse Discrimination
The Constitutional Issue

14 Bakke, Weber, and Beyond
Bakke
Weber
Index