ABSTRACT

The “law-and-economics” movement continues to grow, continues to be a focus of controversy, and continues—or so it seems to me—to be widely misunderstood. Perhaps, therefore, another article seeking to explain the movement is warranted. 1 In addition to serving as an introduction to (but by no means a comprehensive review of) a large and rapidly expanding scholarly literature, this article will discuss some abuses of economics in law. “Abuse,” of course, is a word of at least two meanings, only one of which is “misuse.” I confess to being more conscious of the abuse heaped upon the law-and-economics movement than of the occasional misuse of economics in law, but I shall give examples of both types of abuse after first discussing what seem to me to be some fruitful uses.