IDEAS home Printed from https://ideas.repec.org/p/hal/journl/halshs-01854582.html
   My bibliography  Save this paper

A analise economica do direito : Um Olhar empirista critico

Author

Listed:
  • Éric Millard

    (CTAD - Centre de Théorie et Analyse du Droit - UPN - Université Paris Nanterre - CNRS - Centre National de la Recherche Scientifique - Département de Sciences sociales ENS-PSL - ENS-PSL - École normale supérieure - Paris - PSL - Université Paris sciences et lettres)

  • Luana Renostro Heinen

    (UFSC - Universidade Federal de Santa Catarina = Federal University of Santa Catarina [Florianópolis])

Abstract

From a critical empiricist perspective, situated in the field of General Theory of Law, the research seeks to understand what are the contributions of the Economic Analysis of Law (EAL) for the Science of Law. The paper is divided into four parts: the first presents a sympathy to the EAL for its oncoming to the empiricist approach; in the second, the author opposes the EAL's conception of science, since it is not intended to describe, but to prescribe; in the third part, the author questions the validity of the reconstruction proposed by the EAL, which aims to replace legal dogmatics by economic criteria to guide the judicial decision, thus indicating its ideological and non-scientific character; in the fourth and last part, there is a possible use of the EAL, but it goes beyond it - to understand how the economic discourse has become effective in the production of law.

Suggested Citation

  • Éric Millard & Luana Renostro Heinen, 2018. "A analise economica do direito : Um Olhar empirista critico," Post-Print halshs-01854582, HAL.
    • Handle: RePEc:hal:journl:halshs-01854582
    Note: View the original document on HAL open archive server: https://shs.hal.science/halshs-01854582
    as

    Download full text from publisher

    File URL: https://shs.hal.science/halshs-01854582/document
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Economic Analysis of Law; Science; Economic Criteria; Análise Econômica do Direito; Ciência; Critêrios Econômicos;
    All these keywords.

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hal:journl:halshs-01854582. See general information about how to correct material in RePEc.

    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.

    We have no bibliographic references for this item. You can help adding them by using 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 RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: CCSD (email available below). General contact details of provider: https://hal.archives-ouvertes.fr/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.