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Open Access Publications from the University of California

A Análise Econômica do Direito enquanto Ciência: uma explicação de seu êxito sob a perspectiva da História do Pensamento Econômico

  • Author(s): Coelho, Cristiane de Oliveira
  • et al.

This paper aims to investigate the reason why Law and Economics, differently from other legal American doctrines, achieved such great popularity among the world legal community. In order to do this, I begin by identifying which is the mainstream economic theory employed by Law and Economics’ theorists to support their conclusions. This was done not only through the investigation of Law and Economics’ context of birth at Chicago School but also through the observation of its basic assertions. Subsequently, I turn to the issue of what this mainstream economic theory employed by Law and Economic theorists represents to the Economic Methodology as a whole. This will finally allow me the conclusion that Law and Economics’ success derives exactly from the fact that it very much meets the modern concept of Science.

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