Engagement With Economics: the New Hybrids of Family Law/Law & Economics Thinking

Abstract:     
Economic analysis was relatively late in coming to Family Law, and, initially, Family Law scholars resisted that approach. More recently, scholars in this field have found different ways to adapt the various forms of rational choice theory, while still noting some of the topics and areas where economic analysis has only limited value. This article gives an overview of the current Family Law/Law & Economics hybrids, and a consideration of the value and limits of economic analysis in Family Law scholarship. Topics discussed include the application of Coasean analysis to divorce law, the usefulness of game theory to analysis of domestic relations, and the possibilities and limits when using economic analysis to talk about love.

Number of Pages in PDF File: 37

Keywords: Family law, law and economics, social norms

Accepted Paper Series