Modern analytical and empirical
Law and Economics
Judge legal rules by their effects on incentives and efficiency.
1960s to today · United States, now worldwide. Spotted a mistake? Tell us.
What is law?
Law is a system of incentives. Rules act like prices on behaviour, and the common law tends, or should be made, to promote efficiency.
Law and morality
Efficiency, or the maximisation of overall wealth, is the main standard. Others add fairness or distribution.
Where does its authority come from?
Instrumental: the value of the results the rules produce.
How should judges decide?
Compare the costs and benefits of rules. Put the cost on the party who can avoid it most cheaply (Calabresi) and lower the costs of bargaining (Coase).
The question it asks
Which rule leaves people better off overall?
Main criticism
Efficiency is not the same as justice. The assumptions about rational behaviour are strong. Distribution and rights get little weight.
Legacy today
Competition law, contract and tort theory, regulation, and the use of cost-benefit analysis in lawmaking.
Key thinkers
Ronald Coase, Guido Calabresi, Richard Posner, Gary Becker, Steven Shavell.
- Ronald Coase (1910–2013)
Key works
- Coase, The Problem of Social Cost (1960)
- Calabresi, The Costs of Accidents (1970)
- Posner, Economic Analysis of Law (1973)
Compare with
Take it further
How legal systems and codes grew.
A whole chapter of black-letter law on one printable page. Free sample.
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Read further
Stanford Encyclopedia of Philosophy: philosophy of law (an overview). For the exact arguments, go to the original works above.
TheLawToKnow Tools’s guide to schools of legal thought is an educational overview. It is not legal advice. Report a mistake.

