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How To Use Philosophy, Economics And Psychology In Jurisprudence: The Case Of Paternalism In Contract Law, Peter Cserne
How To Use Philosophy, Economics And Psychology In Jurisprudence: The Case Of Paternalism In Contract Law, Peter Cserne
Péter Cserne
In this paper I discuss the conceptual and methodological background of an economic approach to paternalism in contract law. This should serve as a case study to a more general problem: the uses and abuses of inter- and multidisciplinary research in jurisprudence, i.e. the proper scope of the non-doctrinal analysis of legal issues. Freedom of contract and paternalism are concepts eminently important in legal theory. I will argue that to evaluate this importance, legal scholarship should take into account not only political philosophy but economics and cognitive psychology as well. In the complex interrelations of empirical research, theoretical models and …