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Value and Exchange in Law and Economics: Buchanan versus Posner

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Author Info
Alain Marciano ()

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Abstract

Meir Kohn’s Exchange and Value claims that economics can be characterised around two opposed paradigms, the exchange and the value paradigms. In this paper, we apply this dichotomy to characterise the analyses proposed by economists in the field known as “law and economics”. We compare and contrasts the perspectives proposed by two prominent scholars – James Buchanan and Richard Posner – and argue that they respectively represent the exchange and the value paradigm in law and economics. More precisely, we show that Buchanan sticks to a definition of economics based on the exchange paradigm, and this leads him to efine law and economics in a rather specific, different, narrower than Posner’s way to define law and economics – a definition that corresponds to a conception of economics based on the value paradigm.

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Publisher Info
Paper provided by ICER - International Centre for Economic Research in its series ICER Working Papers with number 31-2006.

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Length: 23 pages
Date of creation: Jul 2006
Date of revision:
Handle: RePEc:icr:wpicer:31-2006

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Related research
Keywords: Political economy; law and economics; economic analysis of law; subject matter; Buchanan; Posner; exchange; value.;

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Find related papers by JEL classification:
B31 - Schools of Economic Thought and Methodology - - History of Thought: Individuals - - - Individuals
B25 - Schools of Economic Thought and Methodology - - History of Economic Thought since 1925 - - - Historical; Institutional; Evolutionary; Austrian
B41 - Schools of Economic Thought and Methodology - - Economic Methodology - - - Economic Methodology

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  1. William M. Landes & Richard A. Posner, 1976. "Legal Precedent: A Theoretical and Empirical Analysis," NBER Working Papers 0146, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  2. Sandmo, Agnar, 1990. "Buchanan on Political Economy: A Review Article," Journal of Economic Literature, American Economic Association, vol. 28(1), pages 50-65, March. [Downloadable!] (restricted)
  3. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law & Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
    Other versions:
  4. Posner, Richard A, 1970. "A Statistical Study of Antitrust Enforcement," Journal of Law & Economics, University of Chicago Press, vol. 13(2), pages 365-419, October.
  5. Buchanan, James M, 1975. "A Contractarian Paradigm for Applying Economic Theory," American Economic Review, American Economic Association, vol. 65(2), pages 225-30, May. [Downloadable!] (restricted)
  6. Posner, Richard A, 1993. "Gary Becker's Contributions to Law and Economics," Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 211-15, June.
  7. Anthony Downs, 1957. "An Economic Theory of Political Action in a Democracy," Journal of Political Economy, University of Chicago Press, vol. 65, pages 135. [Downloadable!] (restricted)
  8. Buchanan, James M, 1988. "Contractarian Political Economy and Constitutional Interpretation," American Economic Review, American Economic Association, vol. 78(2), pages 135-39, May. [Downloadable!] (restricted)
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Alain Marciano & Sophie Harnay, 2008. "Posner, Economics and the Law: from Law and Economics to an Economic Analysis of Law," ICER Working Papers 09-2008, ICER - International Centre for Economic Research. [Downloadable!]
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