Between law and economics: about the scientific heritage of R. A. Posner

Abstract

The author analyzes the life and scientific heritage of the famous American lawyer and federal judge R.A. Posner. The emergence of the scientific direction and academic discipline “economic analysis of law” is associated with his name. Attention is drawn to the ideological, theoretical and methodological foundations of this direction, associated with the extension of the basic postulates of neoclassical economic theory to the law. This is partly due to Posner’s ignorance of traditional legal issues of justice and his disdainful attitude towards the rule of law. Significant attention is paid to the evolution of the scientist’s views in the 21st century, which is clearly insufficiently paid attention to in domestic literature, especially economic literature. This evolution went in the direction of revaluing the role of the influence of the free market on economic processes and law enforcement practice, recognizing the more important role of irrational principles in human behavior. It is noted that modern researchers of the problems of interaction between law and economics, including the son of the hero of the article, Eric Posner, adhere to more moderate positions based on the equal interaction of law and economics.