Buffalo Law Review Volume 52 Number 3 Article 8 7-1-2004 Law, Economics, and the Theory of the Firm Michael J. Meurer Boston University School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Law Commons, and the Legal Theory Commons Recommended Citation Michael J. Meurer, Law, Economics, and the Theory of the Firm, 52 Buff. L. Rev. 727 (2004). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol52/iss3/8 This Essay is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact
[email protected]. Law, Economics, and the Theory of the Firm MICHAEL J. MEURERt Economic analysis of the law assumes the "shadow of the law" influences the behavior of businesses. Thus, busi- ness people consider the costs and benefits of contract litigation when they make decisions about contract per- formance, they consider the costs of tort litigation when they make investments in safety, they consider the costs of violating a regulation when they make decisions about regulatory compliance, and so on. Economic models of law typically abstract from organizational detail and treat busi- nesses as if they are represented by a single manager who controls the firm's behavior and acts to maximize its profit. This abstraction simplifies analysis but, not surprisingly, it limits the ability of analysts to fully explore some important legal policy questions.