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.
Law and Economics Versus Economic Analysis of Law,
Boston University School of Law, Law and Economics Research Paper Series
Available at: https://scholarship.law.bu.edu/faculty_scholarship/203