Law and Economics as Interdisciplinary Exchange: Philosophical, Methodological and Historical Perspectives

ISBN-13: 9780367777654 / Angielski / Miękka / 2021 / 192 str.

Péter Cserne; Magdalena Malecka

Opis

Provides insights on the foundations and methods, achievements and challenges of Law and Economics, and explores whether the field can be deemed a success as an interdisciplinary endeavour.

Spis treści

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

O autorze

Péter Cserne , PhD, is Associate Professor in Law at the University of Northumbria, UK, and extramural fellow of Tilburg Law and Economics Centre (TILEC). He has 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 Małecka , PhD, is Marie Skłodowska-Curie Global Fellow (University of Helsinki and Stanford University). Her Marie Curie project is a philosophical analysis of the applications of the behavioral sciences to policy. Before starting the Marie Curie Fellowship, Magdalena was a postdoctoral researcher at TINT Centre for Philosophy of Social Science (University of Helsinki) and a Max Weber Postdoctoral Fellow at the European University Institute in Florence. While remaining affiliated with TINT, in February 2018 she joined the Institute for Advanced Studies at the Central European University in Budapest for five months as a Junior Core Fellow.