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Preface

Published online by Cambridge University Press:  06 July 2009

Mark D. White
Affiliation:
City University of New York
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Summary

It has long been my opinion that advocates of the economic approach to law – with the notable exception of Richard Posner – have been almost entirely unreflective on the methodological foundations of their field and the philosophical commitments implied thereby. (To be fair, this is true of most economists overall, but I think they ought to be especially careful when playing in someone else's sandbox.) This shortcoming was all too well evidenced by the critical drumming taken by Louis Kaplow and Steven Shavell's 2002 book, Fairness versus Welfare, which was the subject of dozens of published essays by legal scholars, including almost all of the contributors to this book, many of whom address it in their chapters as well. While law-and-economics scholars continue to employ the same tools, rusty and outdated though some of them may be – the tools, not the scholars! – it seems to fall to legal, moral, and political philosophers (and a few vagabond economists) to recommend improvements, refinements, and occasionally abandonment of the toolbox. The chapters in this volume offer a contribution to this effort, and if they inspire others to take up the cause, so much the better.

I would like to express my appreciation for the support and encouragement of John Berger and Cambridge University Press, who helped immeasurably in making this collection a reality.

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Publisher: Cambridge University Press
Print publication year: 2008

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  • Preface
  • Edited by Mark D. White, City University of New York
  • Book: Theoretical Foundations of Law and Economics
  • Online publication: 06 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511575488.002
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  • Preface
  • Edited by Mark D. White, City University of New York
  • Book: Theoretical Foundations of Law and Economics
  • Online publication: 06 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511575488.002
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Preface
  • Edited by Mark D. White, City University of New York
  • Book: Theoretical Foundations of Law and Economics
  • Online publication: 06 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511575488.002
Available formats
×