The Elgar Companion to Law and Economics
Show Less

The Elgar Companion to Law and Economics

  • Elgar original reference

Edited by Jürgen G. Backhaus

This authoritative and comprehensive reference work introduces the reader to the major concepts and leading contributors in the field of law and economics. The Companion features accessible, informative and provocative entries on all the significant areas and breaks new ground by bringing together widely dispersed but theoretically congruent ideas for the first time.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 46: Pietro Trimarchi (1934-)

Giampaolo Frezza and Francesco Parisi


46 Pietro Trimarchi (1936) Giampaolo Frezza and Francesco Parisi Introduction In 1961, Pietro Trimarchi published Rischio e Responsabilitd Oggettiva (Risk and Strict Liability) (Milan: Giuffr&), a monograph that has become a milestone in the economic analysis of the law in Italy. In the United States, meanwhile, the writings of Ronald Coase, Richard A. Posner, Guido Calabresi and Gary Becker were popularizing the so-called ‘new law and economics’. Trimarchi, however, studied the delicate question of strict liability separately. His independent study focused on the function and the structure of strict liability in microeconomic terms. Pietro Trimarchi’s works include other publications concerning the economic approach to law. Particularly relevant, and quoted in the above-mentioned monograph, is I1 ‘caso fortuito ’ quale limite della responsabilita per il danno da cose (‘Fortuitous Event’ As a Limit of the Liability for Damage Caused by Things) (Riv. trim. Dir. e proc. civ. 1959, at 827 ff). Another monograph, titled Causalitd e danno (Causality and damage) (Milan: Giuffrk, 1967)’ synthesizes the content of the author’s theory on strict liability for enterprise risk. This article fully develops Trimarchi’s theory of strict liability for enterprise risk. Furthermore, it devotes particular attention to the economic analysis of the principles of contractual liability that Trimarchi takes pains to develop and contrast with widespread and respected theories from the United States. According to Trimarchi, a legal system, not a conventional system of contractual liability, provides an optimal distribution of productive resources, as supported in a famous essay by Coase. Finally, an...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.