The Theory of Law 'As Claim' and the Inquiry into the Sources of Law. Bruno Leoni in Prospect

Abstract

This paper presents a systematic analysis of the theory of law "as claim" through a critical review of Bruno Leoni’s work. I argue that this philosophical theory provides a useful methodological framework for the analysis of law-making processes. I also demonstrate how Leoni’s critique of legislation offers insights into the efficient institutional response to the growing demand for law that has emerged from the increasing complexity of contemporary societies — insights that are particularly relevant in an age characterized by continuing technological changes and profound social mutations that challenge the existing organization of the sources of law. Finally, I contend that the idea of law as claim provides useful guidelines for a critical review of the methodological foundations of the mainstream discipline of law and economics.

Keywords: Bruno Leoni, Law and Economics, Lawmaking Process, Legislation, Efficiency, Sources of Law, Evolutionary Legal Orders, Informal Norms, Judges, Common Law

JEL Classification: A13, A14, B25, B31, H11, O30, P16, P51