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Lawyers cum Economists: Did they bring about law & economics?¡ª¡ªGierke, Schmoller, and the German Civil Code


  • J¨¹rgen G. Backhaus Lic. Jur.

    () (Universit?t Erfurt, Krupp-Stiftungsprofessur f¨¹r Finanzwissenschaft und Finanzsoziologie, Germany)


This essay traces the question whether the key figures in the development of Law & Economics have been both lawyers and economists, or whether they rather were one or the other and the field emerged from close cooperation, partially in order to find out how to institutionally organize Law & Economics studies. A defining moment in the history of Law & Economics was the genesis of the German Civil Code of 1900, which profoundly changed shape due to the interaction of the lawyer Otto v. Gierke and the economist Gustav v. Schmoller. This story is narrated and analysed and lessons for today are drawn.

Suggested Citation

  • J¨¹rgen G. Backhaus Lic. Jur., 2011. "Lawyers cum Economists: Did they bring about law & economics?¡ª¡ªGierke, Schmoller, and the German Civil Code," Review of Economics & Finance, Better Advances Press, Canada, vol. 1, pages 91-95, April.
  • Handle: RePEc:bap:journl:110208

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    Law & economics; German Civil Code (BGB); Otto v. Gierke; Gustav v. Schmoller;

    JEL classification:

    • B1 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General


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