A Legal Theory Without Law
Author | : Ernst-Joachim Mestmäcker |
Publisher | : Mohr Siebeck |
Total Pages | : 72 |
Release | : 2007 |
ISBN-10 | : 3161492765 |
ISBN-13 | : 9783161492761 |
Rating | : 4/5 (761 Downloads) |
Download or read book A Legal Theory Without Law written by Ernst-Joachim Mestmäcker and published by Mohr Siebeck. This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ernst-Joachim Mestmacker 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.