Economics at your fingertips  

Posnerian Economic Analysis of Law and Kelsenian Legal Positivism: How Similar are They?

Elisabeth Krecke ()
Additional contact information
Elisabeth Krecke: Aix Marseille University - Faculté d’Economie et de Gestion

History of Economic Ideas, 2015, vol. 23, issue 3, 167-194

Abstract: At first sight, everything seems to oppose Posner’s economic approach to law and Kelsen’s positivistic jurisprudence. Yet, in a text confronting Kelsen’s "Pure Theory of Law" to the EAL, Posner evokes an eventual epistemological compatibility, arguing that Kelsen’s perspective «opens a space for economics in law». Discussing the divergences and continuities of the two frameworks in the light of Posner’s original reading of Kelsen, this paper attempts to explore a series of epistemological facets of the EAL that are mostly overlooked in the literature. The point is to show that Posner’s intriguing remark on Kelsen creates scope for unexpected interpretations as to the specific (largely implicit) assumptions in mainstream Law and Economics with respect to fundamental issues such as nature, form, scope or goal of law – making clear that when it comes to the methodology of this theory, nothing really is as it seems.

Date: 2015
References: Add references at CitEc
Citations View citations in EconPapers (1) Track citations by RSS feed

Downloads: (external link)
Access to full text is restricted to subscribers

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link:

Access Statistics for this article

History of Economic Ideas is currently edited by Riccardo Faucci, Nicola Giocoli, Roberto Marchionatti

More articles in History of Economic Ideas from Fabrizio Serra Editore, Pisa - Roma
Series data maintained by Mario Aldo Cedrini ().

Page updated 2017-09-29
Handle: RePEc:hid:journl:v:23:y:2015:3:8:p:167-194