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Book Synopsis
Ernst-Joachim Mestmäcker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.

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A Paperback / softback by Ernst-Joachim Mestmäcker

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    View other formats and editions of A Legal Theory without Law: Posner v. Hayek on by Ernst-Joachim Mestmäcker

    Publisher: JCB Mohr (Paul Siebeck)
    Publication Date: 08/05/2007
    ISBN13: 9783161492761, 978-3161492761
    ISBN10: 3161492765
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    Commercial law

    Description

    Book Synopsis
    Ernst-Joachim Mestmäcker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.

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