Law Commons^™

Of Characterization And Other Matters: Thoughts About Multiple Damages, G. Robert Blakey

Journal Articles

Modern economic analysis owes too much to the conceit of Bentham and his followers in their arrogant reliance on disembodied reason. In fact, they have "shaped the course of law reform" for large segments of the modern world; unfortunately, they "neglected all the complex social evolution which ... [went into] the making of... [that] world and individuals" in it; and for that "reason..., they considered that the study of history was a matter of minor importance." Bentham and his many followers too often tend to rely on a handful of assumptions and reason alone–coupled with a veneer of mathematics–to describe …