Liability, Pragmatism and Economics

Pravni Vjesnik, vol. 34(3-4), 2018, pp. 203-217.

Bocconi Legal Studies Research Paper No. 3475994, September 2018

13 Pages Posted: 13 Nov 2019

See all articles by Giovanni Tuzet

Giovanni Tuzet

Bocconi University - Department of Law

Date Written: September 15, 2018

Abstract

The article considers the concept of legal liability and shows how pragmatist legal thinkers (1) reshaped it in the light of their philosophical externalism and (2) developed an economic analysis of it that is certainly stimulating but raises some serious concerns. The main characters of this story are Oliver Holmes for the classical pragmatist reshaping of the concept, and Learned Hand and Richard Posner for the more recent economic analysis of it. The paper suggests that, despite those concerns, that pragmatist reshaping was, and still is, welcome.

Keywords: Economic Analysis, Hand Formula, O.W. Holmes, Liability, Pragmatism, Tort Law

Suggested Citation

Tuzet, Giovanni, Liability, Pragmatism and Economics (September 15, 2018). Pravni Vjesnik, vol. 34(3-4), 2018, pp. 203-217.; Bocconi Legal Studies Research Paper No. 3475994, September 2018. Available at SSRN: https://ssrn.com/abstract=3475994

Giovanni Tuzet (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, 20136
Italy

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