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Toward a Contractarian Theory of Law

In: Law and Social Economics

Author

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  • Claire Finkelstein

Abstract

For roughly three decades, legal scholarship has been dominated by the application of mainstream economic theory to law.1 The “law and economics” movement, as it is called, has had a substantial influence on nearly every domain of legal analysis. In addition to the financial subjects such as antitrust, bankruptcy, corporations, and tax law, economic analysis has become prevalent in basic fields such as contracts, torts, and property. It has even made inroads into subjects that have traditionally been noneconomic in nature, such as substantive criminal law.2

Suggested Citation

  • Claire Finkelstein, 2015. "Toward a Contractarian Theory of Law," Perspectives from Social Economics, in: Mark D. White (ed.), Law and Social Economics, chapter 0, pages 3-20, Palgrave Macmillan.
    • Handle: RePEc:pal:pfschp:978-1-137-44376-2_1
    DOI: 10.1057/9781137443762_1
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