Wednesday, March 24, 2010

Cunningham on Traditional Versus Economic Analysis

Lawrence Cunningham (GW) has posted to SSRN Traditional Versus Economic Analysis:  Evidence from Cardozo and Posner Torts Opinions.  The abstract provides:

This Article contributes a new approach and evidence to the longstanding debate concerning the relative merits of traditional legal analysis compared to contemporary economic analysis of law. It evaluates prominent opinions of two judicial exemplars of the contending conceptions, the traditionalist Benjamin Cardozo and the economist Richard Posner, in torts, the field where economic analysis has greatest impact. Comparative critique of their opinions appearing in current torts casebooks, where they are the most ubiquitous judges, provides evidence that traditional legal analysis is a more capacious and persuasive basis of justification than contemporary economic analysis of law.

--CJR

http://lawprofessors.typepad.com/tortsprof/2010/03/cunningham-on-traditional-versus-economic-analysis.html

Scholarship | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef01310fd0407f970c

Listed below are links to weblogs that reference Cunningham on Traditional Versus Economic Analysis:

Comments

Post a comment