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GEORGE MASON UNIVERSITYSCHOOL OF LAWPOSITIVE,NORMATIVE AND FUNCTIONAL SCHOOLSIN LAW AND EconomicsFrancesco Parisi04-22Published in European Journal of Law and Economics

GEORGE MASON UNIVERSITY LAW代写留学生论文 ANDECONOMICS RESEARCH PAPER SERIES

This paper can be downloaded without charge from the Social ScienceResearch Network at https://ssrn.com/abstract_id=5866411Francesco Parisi1POSITIVE,NORMATIVE AND FUNCTIONALSCHOOLS IN LAW AND ECONOMICS

ABSTRACT:During its relatively short history,the law and economicsmovement has developed three distinct schools of thought.The first twoschools of thought,often referred to as the Chicago or positive school and theYale or normative school,developed almost concurrently.The functionalschool of law and economics,which developed subsequently,draws frompublic choice theory and the constitutional perspective of the Virginia school ofeconomics to offer a third perspective which is neither fully positive nor fullynormative.Various important methodological questions have accompanied thedebate between these schools concerning the appropriate role of economicanalysis in the institutional design of lawmaking and the limits of methods ofevaluation of social preferences and aggregate welfare in policy analysis.Thesedebates have contributed to the growing intellectual interest in the economicanalysis of law.Keywords:Law and Economics,Intellectual History,methodologyJEL Codes:K00,B0,B5,B25,B411.The Origins and the Evolved Domain of Law and EconomicsVarious important methodological questions have accompaniedthe growth and evolution of law and economics.Economists and juristsalike have debated the appropriate role of economic analysis in theinstitutional design of lawmaking and the limits of methods of evaluationof social preferences and aggregate welfare in policy analysis.In manyrespects,these methodological debates have contributed to thediversification of methodologies in the economic analysis of law.1George Mason University,School of Law,and University of Milan,School of Law.E-mail:parisi@gmu.edu.Tel.(703)993-8036.21.1 The Origins of Modern Law and EconomicsLaw and economics is probably the most successful example ofthe recent surge of applied economics into areas that were once regardedas beyond the realm of economic analysis and its study of explicit markettransactions.Methodologically,law and economics applies theconceptual apparatus and empirical methods of economics to the study oflaw.Extensive research has been carried out to identify the historicaland antecedents to modern law and economics.The encyclopedic workedited by Jürgen Backhaus(2003)contains several biographical entriesdevoted to precursors and early European exponents of the law andeconomics movement.It is interesting to see that,although therecognition of law and economics as an independent field of research isthe result of studies carried out in the United States after the 1970s,it isin Europe that most of the precursors can be found.Notable antecedentsto law and economics include the work of Adam Smith on the economiceffects of legislation(1776),and Jeremy Bentham’s theory of legislationand utilitarianism(1782 and 1789).In the United States,it was not until the mid-twentieth century—through the work of Henry Simon,Aaron Director,Henry Manne,George Stigler,Armen Alchian,Gordon Tullock,and others—that thelinks between law and economics became an object of serious academicpursuit.The regulation of business and economic law fell本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。