ABSTRACT

Law and Economics is an established field of research and arguably one of the few examples of a successful interdisciplinary project. This book explores whether, or to what extent, that interdisciplinarity has indeed been a success. It provides insights on the foundations and methods, achievements and challenges of Law and Economics, at a time when both the continuing criticism of academic economics and the growth of empirical legal studies raise questions about the identity and possible further developments of the project.

Through a combination of reflections on long-term trends and detailed case studies, contributors to this volume analyse the institutional and epistemic character of Law and Economics, which develops through an exchange of concepts, models and practices between economics and legal scholarship. Inspired by insights from the philosophy of the social sciences, the book shows how concepts travel between legal scholarship and economics and change meanings when applied elsewhere, how economic theories and models inform, and transform, judicial practice, and it addresses whether the transfers of knowledge between economics and law are symmetrical exchanges between the two disciplines.

chapter |5 pages

Introduction

part I|43 pages

Searching for the right “paradigm”

chapter 1|22 pages

Knowledge claims in Law and Economics

Gaps and bridges between theoretical and practical rationality

part II|62 pages

Symmetric and asymmetric transfers of methods and concepts

chapter 3|23 pages

Disciplinary collisions

Blum, Kalven and the economic analysis of accident law at Chicago in the 1960s 1

chapter 4|19 pages

Rights, entitlements and the law

The ambiguous status of legal elements in economic discourse

chapter 5|18 pages

Difficulties of reattachment

Why is property law still a challenge for economic analysis of property rights?

part III|76 pages

Interdisciplinarity in normative reasoning

chapter 6|20 pages

Value pluralism and the foundations of normative Law and Economics

The case of threshold deontology 1

chapter 7|23 pages

Economic consequences as legal values

A legal inferentialist approach

chapter 8|31 pages

Is economic analysis of law relevant in Italian case law?

Some remarks about consequentialism and equity