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eBook A Legal Theory without Law: Posner v. Hayek on Economic Analysis of Law (Beitrage Zur Ordnungstheorie Und Ordnungspolitik) download

by Ernst-Joachim Mestmäcker

eBook A Legal Theory without Law: Posner v. Hayek on Economic Analysis of Law (Beitrage Zur Ordnungstheorie Und Ordnungspolitik) download ISBN: 3161492765
Author: Ernst-Joachim Mestmäcker
Publisher: Mohr Siebeck (December 31, 2007)
Language: English
Pages: 66
ePub: 1839 kb
Fb2: 1296 kb
Rating: 4.3
Other formats: txt mbr azw lit
Category: Act
Subcategory: Business

Posner finds the only scientific legal theory in the external (economic) analysis of law.

Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics.

Mestmäcker also discusses Kelsen’s theory in its relation to Hayek and Posner (pp. 14-15, 52-55) but I will not analyse this issue here

ISBN 978-3-16-149276-1 DOI: 1. 7. Authors and affiliations. Mestmäcker also discusses Kelsen’s theory in its relation to Hayek and Posner (pp. 14-15, 52-55) but I will not analyse this issue here. For a comparison of Kelsen’s and Hayek’s views, see, e. F. Horkay-Hörcher, ‘The Question of the Limitation of the State by the Law: A Comparison of Kelsen’s and Hayek’s Approach’, 33 Rechtstheorie (2002) pp. 369–380.

ISBN 978-3-16-149276-1. Assistant Professor, Pázmány Péter Catholic University, Faculty of Law (Budapest, Hungary). Recommend this journal.

Ernst-Joachim Mestmäcker. Both are famous for their contributions to law and economics.

Mestmcker, a grand homme of European legal scholarship and one of the first German law professors to argue in economic terms, cautions here against the dangers of taking economics too seriously. He analyses Richard Posners and Friedrich August von Hayeks legal theories as two competing contributions to the economic analysis of law. As he argues, the two are adversaries in their concepts of law and how legal epistemology and methodology are to be informed by economics.

My bibliography Save this book. A Legal Theory without Law. Author & abstract. Handle: RePEc:mhr:btrord:urn:isbn:9783161492761.

Ernst-Joachim Mestmäcker, a grand homme of European legal scholarship and one of the rst German law professors to argue in economic terms, cautions here against the dangers of taking economics too seriously. He analyses Richard Posner’s and Friedrich August von Hayek’s legal theories as two competing contributions to the economic analysis of law.

Law and economics or economic analysis of law is the application of economic theory (specifically microeconomic theory) to the analysis of law that began mostly with scholars from the Chicago school of economics. Economic concepts are used to explain the effects of laws, to assess which legal rules are economically efficient, and to predict which legal rules will be promulgated.

Ernst-Joachim Mestmacker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.