A Legal Theory Without Law: Posner V. Hayek on Economic Analysis of Law

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Mohr Siebeck, 2007 - Law - 66 pages
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Ernst-Joachim Mestmacker 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.
 

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Contents

The issues
9
New economic and the old European enlightenment
16
The purpose of legal rules or the product
26
Science of law or the relevance of normative
43
On the frontiers of Posners legal theory
50
Bibliography
63
Copyright

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About the author (2007)

Ernst-Joachim Mestmacker, Born 1926; Professor, Director em. at the Max-Planck Institut fur Auslandisches und Internationales Privatrecht in Hamburg.

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