20 Pages Posted: 18 May 2004
Date Written: May 17, 2004
This essay traces the vein of thought represented by Calabresi's "The Costs of Accidents", both backward in time to examine its sources, and forward to its impact on current scholarship. I focus on three broad topics: positive versus normative law and economics, positivist versus anti-positivist thinking in law, and the assumption of rationality in law and economics.
Keywords: economic analysis of law, rationality, legal positivism, normative economics, positive economics, utilitarianism, instrumentalism, behavioral economics, optimal deterrence
JEL Classification: B29, K11, K14, K19, K49
Suggested Citation: Suggested Citation
Hylton, Keith N., Calabresi and the Intellectual History of Law and Economics (May 17, 2004). Boston Univ. School of Law Working Paper No. 04-04. Available at SSRN: https://ssrn.com/abstract=547082 or http://dx.doi.org/10.2139/ssrn.547082