Law and Economics as Interdisciplinary Exchange: Philosophical, Methodological and Historical Perspectives, 1st Edition (Hardback) book cover

Law and Economics as Interdisciplinary Exchange

Philosophical, Methodological and Historical Perspectives, 1st Edition

Edited by Péter Cserne, Magdalena Malecka

Routledge

224 pages

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Hardback: 9780367135058
pub: 2019-09-20
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Description

Law and Economics has become an established field worldwide and it may be argued that it is 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 challenges to 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 on current developments, contributors to this volume analyse whether and in which sense Law and Economics is a successful interdisciplinary endeavour. Inspired by insights from the philosophy of social sciences, the book shows how concepts travel between legal scholarship and economics, how they change meanings when applied elsewhere, how economic theories and models inform, and transform, judicial practice, and addresses whether the transfers of knowledge between economics and law are symmetrical exchanges between the two disciplines.

Table of Contents

Authors’ affiliations and contact details

Acknowledgements

Introduction (Péter Cserne and Magdalena Małecka)

I. Searching for the Right "Paradigm"

  1. Knowledge Claims in Law and Economics: Gaps and Bridges between Theoretical and Practical Rationality (Péter Cserne)
  2. References to Kuhnian Philosophy of Science in the Law and Economics Literature (Piotr Bystranowski)
  3. II. Symmetric and Asymmetric Transfers of Methods and Concepts

  4. Disciplinary Collisions: Blum, Kalven, and the Economic Analysis of Accident Law at Chicago in the 1960s (Alain Marciano & Steven Medema)
  5. Rights, Entitlements and the Law: The Ambiguous Status of Legal Elements in Economic Discourse (Stefano Solari)
  6. Difficulties of reattachment: why is property law still a challenge for economic analysis of property rights?(Aleksandar Stojanović)
  7. III. Interdisciplinarity in Normative Reasoning: Moral Theory, Economic Theory, and Adjudication

  8. Value Pluralism and the Foundations of Normative Law and Economics: The Case of Threshold Deontology (Patricia Marino)
  9. Economic Consequences as Legal Values: A Legal Inferentialist Approach (Fabrizio Esposito & Giovanni Tuzet)
  10. Is Economic Analysis of Law Relevant in Italian Case Law? Some Remarks about Consequentialism and Equity (Silvia Zorzetto)

Index

About the Editors

Péter Cserne, Ph.D., is senior lecturer in Law at the University of Hull, UK and extramural fellow of Tilburg Law and Economics Centre (TILEC). He held visiting positions at Columbia, Oxford, and Toronto Universities and the Max Planck Institute for Comparative Private Law in Hamburg. A lawyer and economist by training, he has published widely on legal theory, economic analysis of law, and contracts. He is the founder and convener of MetaLawEcon, an international academic network for research on the foundations of economic analysis of law.

Magdalena Malecka,Ph.D., isa Marie Sklodowska-Curie Global Fellow (University of Helsinki & Stanford University). Her Marie Curie project is a philosophical analysis of the applications of the behavioural sciences to policy. Before starting Marie Curie Fellowship Magdalena was a post-doctoral researcher at TINT - Centre of Excellence in Philosophy of the Social Science (University of Helsinki) and a Max Weber Post-doctoral Fellow at the European University Institute in Florence. While remaining affiliated to TINT, in February 2018 she joined, for five months, the Institute for Advanced Studies at the Central European University in Budapest, as a Junior Core Fellow.

About the Series

The Economics of Legal Relationships

Routledge are proud to be the publishers of the prestigious series The Economics of Legal Relationships, which is sponsored by Michigan State University College of Law, and which continues to be edited by Professors Nicholas Mercuro of Michigan State University College of Law and Michael D. Kaplowitz of the Department of Community Sustainability, Michigan State University, USA. This series, with a fine back catalogue of books, is dedicated to publishing original scholarly contributions that systematically analyze legal-economic issues.

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Subject Categories

BISAC Subject Codes/Headings:
BUS000000
BUSINESS & ECONOMICS / General
BUS069000
BUSINESS & ECONOMICS / Economics / General