Author granted license

https://creativecommons.org/licenses/

Document Type

Article

Publication Date

Fall 9-2017

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.

Comments

Forthcoming European Journal of Law and Economics

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