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Springer Nature B.V.




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.


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

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