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The Resilience of Law

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

24 Pages Posted: 19 Jun 2008 Last revised: 12 May 2009

Joseph Vining

University of Michigan Law School

Date Written: May 1, 2009

Abstract

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.

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: K00

Suggested Citation

Vining, Joseph, The Resilience of Law (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. Available at SSRN: https://ssrn.com/abstract=1147665

Joseph Vining (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

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