1. ¿Puede el AED explicarlo todo? Esbozo crítico acerca del alcance del Análisis Económico del Derecho.
- Author
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CASTELLANOS OBREGÓN, FERNANDO LUIS
- Subjects
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LAW & economics , *GOVERNMENT policy , *GAME theory , *COMPARATIVE law , *ECONOMISTS , *COURT orders , *SOCIAL choice - Abstract
The scope, development and content of the Law and Economics (L & E), have become not only rigged to the economy and, in turn, enriched from there by the emergence of new themes and techniques, but have been extended with its progressive and promising application areas of law not studied before, such as, for example, areas of public policy and effective regulation, and with the introduction of analytical techniques, which like those of game theory, have marking and define the current L & E. With much optimism, with these issues "other difficult to frame within the orthodox L & E, such as those relating to the role of institutions, the analysis of historical and comparative law analysis, have also been enriched of the field" (Congregado, et al., 2001), to the point of giving the general impression, and lead, to think lawyers and economists, that the L & E can be applied and explain all kinds of matter, without methodological discussions occupy an important place in the discourse of the discipline. Given such an ambitious L & E indicated for the universe, we may ask, indeed, can the L & E to explain all kinds of issues and problems of law, economics and society? Without his willingness to be disqualifying, because it is not in any way to condemn the activity of economic lawyers, per se, but the indiscriminate use of the L & E tools and Concepts without reflection or a court order, the objective of this paper, is then the analysis of these new themes, techniques and scope of the L & E, seeking to answer the question, about whether the L & E is able or not to explain all kinds of issues and problems of law, economics and society or, conversely, has an explanatory scope, technical, methodological and instrumental rather limited. [ABSTRACT FROM AUTHOR]
- Published
- 2012