Law and Economics as Interdisciplinary Exchange Philosophical, Methodological and Historical Perspectives
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.
Introduction Part 1. Searching for the Right "Paradigm" 1. Knowledge Claims in Law and Economics: Gaps and Bridges between Theoretical and Practical Rationality 2. References to Kuhnian Philosophy of Science in the Law and Economics Literature Part 2. Symmetric and Asymmetric Transfers of Methods and Concepts 3. Disciplinary Collisions: Blum, Kalven, and the Economic Analysis of Accident Law at Chicago in the 1960s 4. Rights, Entitlements and the Law: The Ambiguous Status of Legal Elements in Economic Discourse 5. Difficulties of reattachment: why is property law still a challenge for economic analysis of property rights? Part 3. Interdisciplinarity in Normative Reasoning: Moral Theory, Economic Theory, and Adjudication 6. Value Pluralism and the Foundations of Normative Law and Economics: The Case of Threshold Deontology 7. Economic Consequences as Legal Values: A Legal Inferentialist Approach 8. Is Economic Analysis of Law Relevant in Italian Case Law? Some Remarks about Consequentialism and Equity