The Resilience of Law
University of Michigan Law School
May 1, 2009
Law and Democracy in the Empire of Force, Jefferson Powell, James B. White, eds., Univ. of Michigan Press (2009): pp. 151-171
U of Michigan Public Law Working Paper No. 110
U of Michigan Law & Economics, Olin Working Paper No. 08-008
The development of "law and economics" over the last half-century has expanded and reinforced a perception among academic lawyers that law itself is a social science. During the same period social science has moved closer to the discipline of natural science and the presuppositions and methods of its thought and work. This essay explores why law is not and cannot be a social science, and why there are grounds for hope in a future for democracy grounded in the rule of law.
Number of Pages in PDF File: 24
Keywords: Law and economics, social science, rule of law, public choice theory, game theory, law and language, law and mathematics, realism, authority, individual, profit maximization, cost benefit analysis, torture, eugenics, human-animal hybridization, animal law
JEL Classification: K00Accepted Paper Series
Date posted: June 19, 2008 ; Last revised: May 12, 2009
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