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Valparaiso University

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Law And Economics As A Rhetorical Perspective In Law, Michael D. Murray May 2011

Law And Economics As A Rhetorical Perspective In Law, Michael D. Murray

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Law and Economics as a Rhetorical Perspective in Law

Michael D. Murray

Abstract

This article introduces twenty-first century law and economics as a school of contemporary legal rhetoric to test and improve general legal discourse in areas beyond the economic analysis of law. My article is the first to examine the prescriptive implications of the rhetoric of law and economics for general legal discourse as opposed to examining the benefits and limitations of the economic analysis of law itself. This article advances the conversation in two areas: the study and understanding of the persuasiveness of law and economics and the …