Abstract
The law and economics movement is the principal interdisciplinary fi eld of legal studies. This paper traces the history of the movement and explains its basic principles, contrasts the version of the movement that predominates in the United States with the version that prevails in Europe. It is observed the greater emphasis of the former on substantive doctrine and of the latter is focused on rule of law considerations, and emphasizes the importance of the movement for legal and economic reform in developing nations. Key words: law, economy, legal and economic reforms.
Highlights
O movimento do direito e economia é o principal campo interdisciplinar dos estudos jurídicos
Each of the leading U.S.law schools has one or more PhD economists on its faculty, and, in addition, professors in the regular law courses will often include the economic perspective in their course
Despite Professor Kronman’s reference to “American thought” and “this country”, the law and economics movement is genuinely international, and has as much relevance to civil law and developing countries as it does to the Anglo-American common law countries
Summary
O movimento do direito e economia é o principal campo interdisciplinar dos estudos jurídicos. A corollary of this proposition is the positive economic theory of the common law, the theory that the Anglo-American common Law (that is, judge-made as distinct from legislated law, encompassing such important fields as property, contract, trust, and tort law, as well as basic criminal, procedural, and remedial law) is best understood as if the judges in fashioning that law had been consciously trying (which they were not) to bring about an efficient allocation of resources.
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