Law, science, and law and economics
Article Abstract:
The mistake of some proponents of the discipline of law and economics is to claim too much regarding its usefulness. The claim that the discipline is the superior method for all persons to attain an understanding of law is false. The supposed scientific basis is premised on tenuous analogies to the physical sciences. Some basic concepts are faulty, such as 'the market' which concept does not distinguish real markets from the theoretical mathematical market.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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Law and the social sciences
Article Abstract:
The academic disciplines which use social science methods are qualitatively the best disciplines to be joined with the study of law. Economics, sociology, statistics, positive political theory, and psychology are all disciplines which attempt to make neutral hypotheses which can be tested. They give a framework which is more likely successful at accomplishing aims. The ability to disprove assertions is a positive characteristic academically and practically.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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What would Burke think of law and economics?
Article Abstract:
Reference to the works of Edmund Burke help to illuminate the need for judges to elevate law to its intrinsic spiritual component. Economics cannot and should not be used by jurists because people are simply not rational actors devoid of spirituality and differences. Attention to the truth of what people really are and what they really desire results in the conclusion that judges should do religion and not economics.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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