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How far an Austrian law and economics should be Posnerian?

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  • Alain Marciano

Abstract

The purpose of this note is to stress that Posner’s conception of law and of the role of judges in a legal system might be problematic for an Austrian approach to law and economics, despite the praxeological dimension of his analysis. Copyright Springer Science+Business Media, LLC 2012

Suggested Citation

  • Alain Marciano, 2012. "How far an Austrian law and economics should be Posnerian?," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 25(4), pages 351-354, December.
    • Handle: RePEc:kap:revaec:v:25:y:2012:i:4:p:351-354
    DOI: 10.1007/s11138-012-0185-5
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    References listed on IDEAS

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    1. Rizzo Mario J., 1999. "Which Kind of Legal Order? Logical Coherence and Praxeological Coherence," Journal des Economistes et des Etudes Humaines, De Gruyter, vol. 9(4), pages 1-16, December.
    2. Alain Marciano, 2007. "Value and exchange in law and economics: Buchanan versus posner," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 20(2), pages 187-200, September.
    3. Peter Leeson, 2012. "An Austrian approach to law and economics, with special reference to superstition," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 25(3), pages 185-198, September.
    4. Harnay, Sophie & Marciano, Alain, 2009. "Posner, Economics And The Law: From €Œlaw And Economics†To An Economic Analysis Of Law," Journal of the History of Economic Thought, Cambridge University Press, vol. 31(2), pages 215-232, June.
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    Citations

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    Cited by:

    1. Peter Leeson, 2012. "The irrelevance of normative considerations for founding an Austrian law and economics: Reply to Marciano," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 25(4), pages 355-357, December.
    2. Giraudo, Marco, 2020. "Legal Bubbles: A Primer in the Economics of 'Legal Creative Destruction," Department of Economics and Statistics Cognetti de Martiis. Working Papers 202028, University of Turin.

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    More about this item

    Keywords

    Posner; Austrian economics; Law and economics; Economic analysis of law; Constructivism; Judges; Common law; B53; K00; K49;
    All these keywords.

    JEL classification:

    • B53 - Schools of Economic Thought and Methodology - - Current Heterodox Approaches - - - Austrian
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K49 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Other

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