Menachem Mautner
Tel Aviv University

Professor, The Daniel Rubinstein Chair of Comparative Civil Law and Jurisprudence, Faculty of Law, Tel Aviv University. I wish to thank Hanoch Dagan, David Enoch,
Talia Fisher, Daphna Hacker, Sharon Hannes, the late Shmuel Kandel, Ariel Porat, Omri Yadlin and Uri Weiss for their comments. An earlier version of this Article was presented at the Law and Economics Workshop, Faculty of Law, Tel Aviv University and at the Fifth Annual Conference of the Israeli Law and Economics Association. I wish to thank the participants for their comments.