On the (Methodological) Future of Law and Economics. The Uneasy Burden of Value Judgments and Normativity

@article{Silvestri2019OnT,
  title={On the (Methodological) Future of Law and Economics. The Uneasy Burden of Value Judgments and Normativity},
  author={Paolo Silvestri},
  journal={Global Jurist},
  year={2019},
  volume={19}
}
Abstract Taking as its starting-point Guido Calabresi’s latest book – The Future of Law and Economics – the present article aims to explore the often neglected issue of value judgments and normativity in Law and Economics. I will show the importance of enquiring Calabresi’s methodological distinction between Law and Economics and Economic Analysis of Law and the related bilateralism thesis in order to understand the problematic relationship between methodological value judgments and ethical… 
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References

SHOWING 1-10 OF 88 REFERENCES
Tastes, Values, and the Future of Law and Economics
This is a Review of Guido Calabresi’s fascinating and thought-provoking new book, The Future of Law and Economics (presented in a book symposium held at the Hebrew University of Jerusalem in December
Best Right Laws: Value Foundations of the Economic Analysis of Law
The economic analysis of law, like the great sphinx in the desert, intrudes on the landscape of legal scholarship, provoking the philosophically curious by its enigmatic stare. What is it?
Law, Economics, and Morality
Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models.
Law and economics : philosophical issues and fundamental questions
1. Norms and Values in the Economic Approach to Law 2. Flawed Foundations: The Philosophical Critique of (a Particular Type of) Economics 3. Norms and Values in the Study of Law 4. The Dominance of
Value Judgments and Economics Expertise
This paper tackles the problem of the demarcation of value judgments in economic expertise. Is it possible to disentangle values from facts, or neutral scientific assertions from value-laden
POSNER, ECONOMICS AND THE LAW: FROM “LAW AND ECONOMICS” TO AN ECONOMIC ANALYSIS OF LAW
The purpose of this article is to discuss Posner's economic analysis of law and to analyse the differences between his economic analysis of law and law and economics. We propose and demonstrate a
The Uneasy Case for Parsimony in (Law and) Economics: Conceptual, Empirical and Normative Arguments
Abstract Taking Guido Calabresi’s discussion of preferences and value judgements in The Future of Law and Economics as a starting point, this paper analyses some conceptual difficulties, epistemic
Making sense of economists' positive-normative distinction
The goal of this article is to provide a slightly different spin on economists' use of the positive-normative distinction by providing some context for its use. The major difference is the following:
Law and Economics: Paradigm, Politics, or Philosophy
Where does theory begin: in a disinterested attempt to understand the world; in an attempt to justify a political program, or in a set of beliefs about how the world ought to be evaluated? Is the
An Essay on the Nature and Significance of Economic Science.
Lionel Robbins’s An Essay on the Nature and Significance of Economic Science (1932) made at least three important contributions: (1) constructing a more modern, focused, and general definition of
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