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E-J. Mestmäcker: A Legal Theory Without Law (Book Review), Péter Cserne
E-J. Mestmäcker: A Legal Theory Without Law (Book Review), Péter Cserne
Péter Cserne
This is a book review of Ernst-Joachim Mestmäcker's A Legal Theory without Law: Ponser v. Hayek on Economic Analysis of Law (Tübingen: Mohr 2007)
The Normativity Of Law In Law And Economics, Péter Cserne
The Normativity Of Law In Law And Economics, Péter Cserne
Péter Cserne
This paper is about some theoretical and methodological problems of law and economics. I will use game theoretical insights to address an issue which is relevant both for law and economics and legal philosophy: How should a social scientific analysis of law account for the normativity of law, i.e. the non-instrumental reasons for rule-following while retaining the observer’s (explanatory or descriptive) perspective. My goal is to offer a constructive critique of both traditional law and economics scholarship and mainstream analytical legal philosophy in this respect. I will try to find out how law and economics has to account for the …