David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 11 (4):331 - 384 (1992)
The moral heart of normative law and economics is efficiency, especially dynamic efficiency that takes incentive effects into account. In the economic theory, justificatory argument is inherently at the institutional- or rule-level, not an the individual- or case-level. InMarkets, Morals, and the Law Jules Coleman argues against the efficiency theory on normative grounds. Although he strongly asserts the need to view law institutionally, he frequently grounds his criticisms of law and economics in arguments from little more than direct moral intuition about individual cases. He evidently holds that consent provides a better normative basis for law than does efficiency and he uses consent arguments to attack recommendations from scholars in law and economics. His own chief contribution, however, is to law and economics rather than to any alternative theory.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Russell Hardin (2001). Law and Social Order. Noûs 35 (s1):61 - 85.
Similar books and articles
J. Roland Pennock & John William Chapman (eds.) (1982). Ethics, Economics, and the Law. New York University Press.
Jules L. Coleman (1984). Economics and the Law: A Critical Review of the Foundations of the Economic Approach to Law. Ethics 94 (4):649-679.
Robert Alexy (2002). The Argument From Injustice: A Reply to Legal Positivism. Oxford University Press.
Mark Kuperberg & Charles R. Beitz (eds.) (1983). Law, Economics, and Philosophy: A Critical Introduction, with Applications to the Law of Torts. Rowman & Allanheld.
Juan Javier Granaddelo & M. C. Mirow, The Future of the Economic Analysis of Law in Latin America: A Proposal for Alacde Model Law and Economics Civil and Commercial Codes.
Jules L. Coleman (1988/1998). Markets, Morals, and the Law. Oxford University Press.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Kim Lane Scheppele (1988). Legal Secrets: Equality and Efficiency in the Common Law. University of Chicago Press.
Added to index2009-01-28
Total downloads22 ( #132,874 of 1,726,249 )
Recent downloads (6 months)3 ( #231,316 of 1,726,249 )
How can I increase my downloads?