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Selected Works

Selected Works

2004

Legal theory

Articles 1 - 2 of 2

Full-Text Articles in Law

The Normativity Of Law In Law And Economics, Péter Cserne Nov 2004

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 …

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Gazdaság És Jog Viszonya A Marxista Jogelméletben És A Jog Gazdasági Elemzésében [The Relation Of ‘Economy’ And ‘Law’ In Marxist Legal Theory And In ‘Law And Economics’], Peter Cserne Mar 2004

Gazdaság És Jog Viszonya A Marxista Jogelméletben És A Jog Gazdasági Elemzésében [The Relation Of ‘Economy’ And ‘Law’ In Marxist Legal Theory And In ‘Law And Economics’], Peter Cserne

Péter Cserne

This contribution to a conference on the "heritage" of Marxist legal theory in Hungary
(1) summarises the views of Hungarian Marxists on law as the "superstructure" over an economics "base" and
(2) the debates on the systemic and doctrinal role of "economic law" in the legal system
(3) argues that Marxist legal theory and Law and Economics, while both aim at "demystifying" law, fundamentally differ in terms of both method and substance
(4) recounts how in the 1980s Analytical Marxists who shared the commitment of Law and Economics to rational choice theory, (in Jon Elster's words) "engaged in a form …

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