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Under cover of science : American legal-economic theory and the quest for objectivity / James R. Hackney Jr.
LIBRA K487.E3 H33 2007
Available from offsite location
- Format:
- Book
- Author/Creator:
- Hackney, James R., 1964-
- Language:
- English
- Subjects (All):
- Law--Economic aspects--United States.
- Law.
- Law--Economic aspects.
- Torts--Economic aspects.
- Torts.
- United States.
- Torts--Economic aspects--United States.
- Law and economics.
- Physical Description:
- xx, 238 pages ; 24 cm
- Place of Publication:
- Durham : Duke University Press, 2007.
- Summary:
- For more than two decades, the law and economics movement has been one of the most influential and controversial schools of thought in American jurisprudence. In this authoritative intellectual history, James R. Hackney Jr. situates the modern law and economics movement within the trajectory of American jurisprudence from the early days of the Republic to the present. Hackney is particularly interested in the claims of objectivity or empiricism asserted by proponents of law and economics. He argues that the incorporation of economic analysis into legal decision making is not an inherently objective enterprise. Rather, law and economics often cloaks ideological determinations-particularly regarding the distribution of wealth-under the cover of science.
- Hackney demonstrates how legal-economic thought has been affected by the prevailing philosophical ideas about objectivity, which have in turn evolved in response to groundbreaking scientific discoveries. Thus Hackney's narrative is a history not only of law and economics but also of select strands of philosophy and science. He traces forward from the seventeenth century the interaction of legal thinking and economic analysis with ideas about the attainability of certitude.
- Contents:
- Modern science, classical thought, and the birth of American legal-economic theory
- The pragmatic reconstruction of American legal-economic theory
- Neoclassicism and the reprise of formalism
- The dissolution of American legal-economic theory.
- Notes:
- Includes bibliographical references (pages [175]-226) and index.
- ISBN:
- 9780822339816
- 0822339811
- 9780822339984
- 0822339986
- OCLC:
- 73502581
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