A Legal Theory Without Law - Posner v. Hayek on Economic Analysis of Law
Ernst-Joachim Mestmäcker
Max Planck Institute for Comparative and International Private Law
July, 22 2008
Abstract:
Ernst-Joachim Mestmaecker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.
Number of Pages in PDF File: 62
Keywords: Economic analysis of law
working papers series
Suggested Citation
Mestmäcker, Ernst-Joachim, A Legal Theory Without Law - Posner v. Hayek on Economic Analysis of Law (July, 22 2008). Available at SSRN: http://ssrn.com/abstract=1168422 or http://dx.doi.org/10.2139/ssrn.1168422
