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Do we need behavioral economics to explain law?

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  • Peter T. Leeson

    (George Mason University, MS 3G4)

Abstract

Do we need behavioral economics to explain law? I analyze Judge Guido Calabresi’s claim that we do. I find that, actually, we don’t; traditional economic theory can explain law just fine.

Suggested Citation

  • Peter T. Leeson, 2019. "Do we need behavioral economics to explain law?," European Journal of Law and Economics, Springer, vol. 48(1), pages 29-42, August.
    • Handle: RePEc:kap:ejlwec:v:48:y:2019:i:1:d:10.1007_s10657-017-9573-4
    DOI: 10.1007/s10657-017-9573-4
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    References listed on IDEAS

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    1. Roth, Alvin E. & Leider, Stephen, 2010. "Kidneys For Sale: Who Disapproves, and Why?," Scholarly Articles 5128483, Harvard University Department of Economics.
    2. Casey B. Mulligan, 2005. "Conscription as Regulation," American Law and Economics Review, American Law and Economics Association, vol. 7(1), pages 85-111.
    3. Davidson, Audrey B & Davis, Elynor D & Ekelund, Robert B, Jr, 1995. "Political Choice and the Child Labor Statute of 1938: Public Interest or Interest Group Legislation," Public Choice, Springer, vol. 82(1-2), pages 85-106, January.
    4. James M. Buchanan, 1954. "Social Choice, Democracy, and Free Markets," Journal of Political Economy, University of Chicago Press, vol. 62(2), pages 114-114.
    5. Gary S. Becker, 1983. "A Theory of Competition Among Pressure Groups for Political Influence," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 98(3), pages 371-400.
    6. Stigler, George J, 1992. "Law or Economics?," Journal of Law and Economics, University of Chicago Press, vol. 35(2), pages 455-468, October.
    7. Anthony Downs, 1957. "An Economic Theory of Political Action in a Democracy," Journal of Political Economy, University of Chicago Press, vol. 65(2), pages 135-135.
    8. John Ferejohn, 1986. "Incumbent performance and electoral control," Public Choice, Springer, vol. 50(1), pages 5-25, January.
    9. Robert Barro, 1973. "The control of politicians: An economic model," Public Choice, Springer, vol. 14(1), pages 19-42, March.
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    Citations

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    Cited by:

    1. Lemennicier Bertrand & Wenzel Nikolai G., 2021. "Bioethics, Rent-Seeking, and Death: Examining the Opposition to Kidney Markets," Journal des Economistes et des Etudes Humaines, De Gruyter, vol. 27(1), pages 51-74, June.
    2. Vincent Geloso & Raymond J. March, 2021. "Rent seeking for madness: the political economy of mental asylums in the United States, 1870 to 1910," Public Choice, Springer, vol. 189(3), pages 375-404, December.
    3. Daniel J. Smith & Macy Scheck, 2023. "Examining the public interest rationale for regulating whiskey with the pure food and drugs act," Public Choice, Springer, vol. 196(1), pages 85-122, July.
    4. Alain Marciano & Giovanni Battista Ramello, 2019. "Law, economics and Calabresi on the future of law and economics," European Journal of Law and Economics, Springer, vol. 48(1), pages 65-76, August.
    5. Luke Petach, 2024. "The timber wars: the endangered species act, the northwest forest plan, and the political economy of timber management in the Pacific northwest," Public Choice, Springer, vol. 198(1), pages 209-226, January.
    6. Callais, Justin T & Geloso, Vincent, 2023. "The political economy of lighthouses in antebellum America," European Economic Review, Elsevier, vol. 154(C).

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    More about this item

    Keywords

    Calabresi; Behavioral economics; Rent-seeking; Merit goods; Altruism; Organ sales; Conscription; Minneapolis 5% tradition; The Future of Law and Economics;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)

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