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European Journal of Law and Economics
Article . 2019 . Peer-reviewed
License: Springer TDM
Data sources: Crossref
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Article . 2019
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Law, economics and Calabresi on the future of law and economics

Authors: Marciano, A; Ramello, GB;

Law, economics and Calabresi on the future of law and economics

Abstract

There exists a distinction between ‘law and economics’ and the ‘economic analysis of law’. The former, corresponding to Coase’s approach, consists in taking legal rules into account insofar as they influence economic activities. The latter, associated to Posner’s name, consists in using economics to analyze legal problems. Methodologically speaking, if one admits that the economic analysis of law consists in using economic tools to analyze legal problems, Calabresi’s own work must be classified as such. However, Calabresi has always insisted that his own approach differs from Posner’s economic analysis of law. In this paper, we take the opportunity of Calabresi’s new book—The Future of Law and Economics—to revisit Calabresi’s approach to law and economics. In his book, Calabresi explains that the economic analysis of law is unsatisfactory because economics is too narrow. He insists on the need to amplify economic analysis by: first, adopting a more realistic approach a la Coase; second, taking merit goods into account; and third, including individuals’ propensity to be altruistic. We analyze these three aspects and show that it leads to a certain ambiguity in terms of the distinction between ‘law and economics’ and the ‘economic analysis of law’.

Keywords

Calabresi, Coase, Altruism, Merit good, Buchanan; Calabresi; Coase; Posner; Economic analysis of law; Law and economics; Merit goods; Altruism; Political economy, Political economy, Buchanan, Economic analysis of law, Law and economic, [SHS] Humanities and Social Sciences, [SHS.ECO] Humanities and Social Sciences/Economics and Finance, Posner

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
6
Average
Average
Top 10%
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