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The Normative Basis of the Economic Analysis of Law

By Jules L. Coleman

Abstract

The economic analysis of law has taken a decidedly normative turn, especially in the hands of its legally trained advocates. Two forms of normative economic analysis have emerged. One form advocates deploying the principles of neo-classical microeconomic theory to evaluate, and where necessary repair, existing legal and political institutions and policies. This mode of analysis assumes that it is appropriate and desirable for courts, legislatures, and other policy-making bodies to pursue economic efficiency. If the rules these institutions fashion are \u22efficient,\u22 that counts strongly in their favor; if not, they are to be replaced by efficient ones

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1982
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-5212
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