On consequential and normative analysis of law
Summary Two views, inspired by Alf Ross, are sometimes raised against law and economics. One is that consequential analysis has no role in legal science, the task of which is to predict court verdicts. The other is that normative criteria involving fairness or social welfare are meaningl...
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| Main Author: | |
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| Format: | Article |
| Language: | Norwegian Bokmål |
| Published: |
Scandinavian University Press
2020-01-01
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| Series: | Kritisk Juss |
| Subjects: | |
| Online Access: | https://www.idunn.no/kritisk_juss/2020/03/on_consequential_and_normative_analysis_of_law_ |
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| Summary: | Summary
Two views, inspired by Alf Ross, are sometimes raised against
law and economics. One is that consequential analysis has no role
in legal science, the task of which is to predict court verdicts.
The other is that normative criteria involving fairness or social welfare
are meaningless. I argue that the former view rests on a misreading
of Ross, who in fact called for the development of law and economics.
As for normative criteria, I argue in favor of a pragmatic approach,
which inquires whether normative concepts can affect our views of
the desirability of a legal rule or verdict. |
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| ISSN: | 0804-7375 2387-4546 |