A Legal Theory without Law ：Posner v. Hayek on Economic Analysis of Law

Publication subTitle ：Posner v. Hayek on Economic Analysis of Law

Author： Ernst-Joachim Mestmäcker  

Publisher： Mohr Siebeck‎

Publication year： 2007

E-ISBN: 9783161510724

P-ISBN(Paperback): 9783161492761

Subject： D90-059 Other

Language： ENG

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Description

Ernst-Joachim Mestmäcker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.

Chapter

Cover

Preface

Contents

Chapter I. The issues

Chapter II. Posner’s economic theory of law “from the outside”

Chapter III. New economic and the old European enlightenment

Chapter IV. Law and economics in perspective

1. Utility v. happiness

2. The visible hand of the law

Chapter V. Efficiency: The purpose of legal rules or the product of competition (Posner v. Hayek)

1. Two famous ideas

2. Sources of law

3. Rules of just conduct

4. Whose common law?

5. The abstract society

6. The rule of law

Chapter VI. Science of law or the relevance of normative experiences

Chapter VII. Limits of rational choice

Chapter VIII. On the frontiers of Posner’s legal theory

1. Everyday pragmatism

2. Positivism

3. The end of legal history?

Bibliography

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