Posner versus Kelsen : the challenges for scientific analysis of law

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Malecka , M 2017 , ' Posner versus Kelsen : the challenges for scientific analysis of law ' , European Journal of Law and Economics , vol. 43 , no. 3 , pp. 495-516 . https://doi.org/10.1007/s10657-016-9552-1

Title: Posner versus Kelsen : the challenges for scientific analysis of law
Author: Malecka, Magdalena
Contributor organization: Department of Political and Economic Studies (2010-2017)
TINT – Centre for Philosophy of Social Science
Date: 2017-06
Language: eng
Number of pages: 22
Belongs to series: European Journal of Law and Economics
ISSN: 0929-1261
DOI: https://doi.org/10.1007/s10657-016-9552-1
URI: http://hdl.handle.net/10138/308708
Abstract: Law & economics scholars claim, among other things, to provide explanations of how law impacts behaviour. The aim of this article is to shed light on the conceptual and methodological difficulties related to analysis of the impact that law has on behaviour. The analysis advanced in the paper takes as its starting point a commentary on Richard Posner's interpretation of Hans Kelsen's pure theory of law. The work of Kelsen is treated as a meta-theoretical analysis that reveals some of the presumptions of theoretical approaches to law that claim to be scientific and, in particular, that claim to scientifically analyse the law's influence on behaviour. The article concludes with a methodological proposal on how to approach the identified methodological challenges and conceptual tensions that law & economics contends with.
Subject: Richard Posner
Hans Kelsen
Law & economics
Pure theory of law
Scientific analysis of law and the law's impact
511 Economics
512 Business and Management
513 Law
Peer reviewed: Yes
Usage restriction: openAccess
Self-archived version: acceptedVersion

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