Observation:
Richard A. Posner, The Economic Approach to Law, 53 TEXAS
L. Rev. 757 (1975).
Abstract:
There is a growing interest among both economists and academic
lawyers in using the theories and characteristic empirical
methods of economics to increase our understanding of the legal
system. The manifestations of this interest include an
outpouring of books and articles applying economics to law, the
appointment of economists to the faculties of many law schools,
and the incorporation of economic theory into the teaching of a
variety of otherwise traditional law school courses such as
torts, property, and procedure. At the same time, however, that
economic approach to law has been captivating some academic
lawyers and law students, it has been arousing the deep
skepticism and sometimes fierce hostility of many others. Yet
the scope, character, and significance of the new approach to
law do not appear to be well understood, especially by its
detractors but even by some quite sympathetic to it. This
article attempts to improve our understanding of the economic
approach by analyzing (1) the evolution of the law-economics
field; (2) the principal findings that have emerged from the
completed research in the field; (3) the agenda of future
research; (4) the major criticisms of the economic approach; and
(5) its place in the structure of the law school.