Document Type
Article
Publication Date
8-2019
ISSN
0929-1261
Publisher
Springer Nature B.V.
Language
en-us
Abstract
I agree with Calabresi's general distinction between Economic Analysis of Law and Law and Economics. However, these broad categories may obscure important differences between types of law and economics scholarship. I would distinguish positive economic analysis from normative economic analysis, and positivist legal analysis from nonpositivist analysis. The four categories generated by these distinctions provide a more fine-grained map of the styles of reasoning in law and economics, and has implications for the future of law and economics.
Recommended Citation
Keith N. Hylton,
Law and Economics Versus Economic Analysis of Law
,
in
48
European Journal of Law and Economics
77
(2019).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/203
Working paper available on SSRN
Comments
Published as: "Law and Economics Versus Economic Analysis of Law," 48 European Journal of Law and Economics 77 (2019).
Updated with published version of paper: 9/21/22
Working paper available on SSRN