Toward a Contractarian Theory of Law

Claire Finkelstein

Chapter Chapter 1 in Law and Social Economics, 2015, pp 3-20 from Palgrave Macmillan

Abstract: 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

Keywords: Legal Rule; Legal Theory; Contractarian Theory; Social Utility; Reflective Equilibrium (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:pal:pfschp:978-1-137-44376-2_1

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DOI: 10.1057/9781137443762_1

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