Affiliation:
1. Department of Economics , University of Torino , Turin , Italy
Abstract
Abstract
Taking as its starting-point Guido Calabresi’s latest book – The Future of Law and Economics – the present article aims to explore the often neglected issue of value judgments and normativity in Law and Economics. I will show the importance of enquiring Calabresi’s methodological distinction between Law and Economics and Economic Analysis of Law and the related bilateralism thesis in order to understand the problematic relationship between methodological value judgments and ethical value judgments, the ‘distance’ between Calabresi and Posner and the problematic notion of reformism. Then I will try to introduce a different notion of normativity. I will also show the existence of an unresolved tension in Calabresi’s methodological discourse between a positive approach, which seems to be privileged in this book, and his insistence on the inevitability of value judgments in economic analysis. Finally, I clarify the reasons for the ‘ignorance’ of values by the economist by distinguishing between economists’ “lack of self-awareness”, economists’ idolatry and the economists’ lenses.
Subject
Law,Political Science and International Relations
Reference74 articles.
1. Baujard, A. 2013. “Value Judgments and Economics Expertise.” Working paper GATE 2013-14. 2013.
2. Bix, Brian H. 2017. “Moral Philosophy and Law and Economics.” In The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts, edited by Francesco Parisi. http://doi.org/10.1093/oxfordhb/9780199684267.013.022.
3. Blaug, M. 1980 [1992]. The Methodology of Economics: Or How Economists Explain. Cambridge: Cambridge University Press.
4. Calabresi, Guido 1970. The Costs of Accidents. A Legal and Economic Analysis. New Haven and London: Yale University Press.
5. Calabresi, G. 2003. “An Introduction to Legal Thought: Four Approaches to Law and to the Allocation of Body Parts.” Stanford Law Review 55: 2113–51.
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