Law and Economics in Italy: some Thoughts about the Academic and Judicial Reception of Eal
The origins and developments of law and economics (L&E) in Italy can be described as an uneasy but successful enterprise with some shadows, most of which regarding the future. The most telling proxy of the inroad of L&E is probably represented by judicial imprinting. Ranging from Constitutional Court to judges of peace, there is plenty of judgements whose holdings are based on the achievements, or at least appear to be sensitive to the hints, of the economic analysis of law, though with different «weights» and degrees of «recognition». On the whole, however, the Italian judiciary not only did not refute the hurdle, but possibly tried to abide by the directives stemming from L&E work. In a sense, on this count, L&E has undoubtedly entered into the legal discourse (or, concededly, the legal parlance). A relevant part of the Italian trajectory has been drawn in what might be called the first scenario of L&E, where it carries out an exploratory activity, in a scientific environment which rejects the need to use any technicalities in economics. The second scenario is characterized by the surge of the economists, who bring along sophisticated analytical tools and hardly conceal a degree of intolerance towards «unstructured», informal rationales. This paves the way towards a process of divergence, which would be at odds with the original interdisciplinary inspiration of L&E, while shutting the door to further developments. If, then, a third scenario is to come, the goal to be pursued should be all too obvious: positing economic analysis as a legal source, relevant to the making of the law and to its actual enforcement. This goal cannot be accomplished against (or despite) jurists.
If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
When requesting a correction, please mention this item's handle: RePEc:hid:journl:v:23:y:2015:3:5:p:89-120. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Mario Aldo Cedrini)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.