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Full-Text Articles in Law and Economics
Law And Economics Versus Economic Analysis Of Law, Keith N. Hylton
Law And Economics Versus Economic Analysis Of Law, Keith N. Hylton
Faculty Scholarship
I agree with Calabresi's general distinction between Economic Analysis of Law and Law and Economics. However, these broad categories may obscure important differences between types of law and economics scholarship. I would distinguish positive economic analysis from normative economic analysis, and positivist legal analysis from nonpositivist analysis. The four categories generated by these distinctions provide a more fine-grained map of the styles of reasoning in law and economics, and has implications for the future of law and economics.
Calabresi And The Intellectual History Of Law And Economics, Keith N. Hylton
Calabresi And The Intellectual History Of Law And Economics, Keith N. Hylton
Faculty Scholarship
This essay traces the vein of thought represented by Calabresi's "The Costs of Accidents", both backward in time to examine its sources, and forward to its impact on current scholarship. I focus on three broad topics: positive versus normative law and economics, positivist versus anti-positivist thinking in law, and the assumption of rationality in law and economics.