The Path of the Law Ands

11 Pages Posted: 18 Jul 2007 Last revised: 23 Mar 2010

Marc Galanter

University of Wisconsin Law School, Madison

Mark A. Edwards

William Mitchell College of Law

Date Written: July 19, 2007

Abstract

Law and society and law and economics are the oldest and most institutionalized of the 'law ands.' In their break with the mainstream doctrinal study of law, law and society and law and economics share a number of features. As descendants of American Legal Realism, they share a the conviction that legal scholarship (and law) will be enriched by the application of social science. While law and society and law and economics differ fundamentally in their units of analysis and their models of human decision-making, these differences lie within a shared social scientific framework. The emergence of scholarship that draws upon both traditions suggests that rich areas of collaboration wait to be explored. Perhaps it is time for law and society and law and economics to appreciate their complementarity and forsake the narcissism of small differences that has kept them apart.

Keywords: society, economics, realism, models, postmodern, critical, science, doctrinal

Suggested Citation

Galanter, Marc and Edwards, Mark A., The Path of the Law Ands (July 19, 2007). Wisconsin Law Review, Vol.1997, p. 375; William Mitchell Legal Studies Research Paper No. 74. Available at SSRN: https://ssrn.com/abstract=1001444

Marc S. Galanter (Contact Author)

University of Wisconsin Law School, Madison ( email )

975 Bascom Mall
Madison, WI 53706
United States
608-263-2244 (Phone)
608-262-5485 (Fax)

Mark A. Edwards

William Mitchell College of Law ( email )

875 Summit Ave.
St. Paul, MN 55115
United States
651.290.6441 (Phone)

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