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Richard A. Posner: From Public Choice Theory to Economic Analysis of Law (1969-1973)

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  • Sophie Harnay

    (EconomiX (UMR 7235), UPL, Université Paris Nanterre, CNRS, 200 avenue de la République, 92001 Nanterre cedex, France)

Abstract

The aim of the article is to explore how Richard A. Posner began to focus on judges and courts at the turn of the 1960s and early 1970s, when his focus had previously been mostly on regulation, antitrust law, and administrative agencies. We argue that Posner’s writings during this short period are critical to understanding his intellectual trajectory as they are the source of the pioneering research program that would be known as economic analysis of law a few years later. We thus emphasize the continuity between Posner’s early work of the 1969-1973 period, mostly inspired by public choice theory, and his later work, and show that the former obviously paved the way for the latter.

Suggested Citation

  • Sophie Harnay, 2023. "Richard A. Posner: From Public Choice Theory to Economic Analysis of Law (1969-1973)," Working Papers AFED 23-02, Association Francaise d'Economie du Droit (AFED).
    • Handle: RePEc:afd:wpaper:2302
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    References listed on IDEAS

    as
    1. Richard A. Posner, 1975. "The Social Costs of Monopoly and Regulation," Springer Books, in: Roger D. Congleton & Kai A. Konrad & Arye L. Hillman (ed.), 40 Years of Research on Rent Seeking 2, pages 45-65, Springer.
    2. Landes, William M & Posner, Richard A, 1976. "Legal Precedent: A Theoretical and Empirical Analysis," Journal of Law and Economics, University of Chicago Press, vol. 19(2), pages 249-307, August.
    3. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    4. Richard A. Posner, 1974. "Theories of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 5(2), pages 335-358, Autumn.
    5. Harnay, Sophie & Marciano, Alain, 2009. "Posner, Economics And The Law: From “Law And Economics” To An Economic Analysis Of Law," Journal of the History of Economic Thought, Cambridge University Press, vol. 31(2), pages 215-232, June.
    6. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
    7. William Shughart & Fred McChesney, 2010. "Public choice theory and antitrust policy," Public Choice, Springer, vol. 142(3), pages 385-406, March.
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    More about this item

    Keywords

    R. A. Posner; economic analysis of law; public choice; judicial decision-making; regulation;
    All these keywords.

    JEL classification:

    • B31 - Schools of Economic Thought and Methodology - - History of Economic Thought: Individuals - - - Individuals
    • K2 - Law and Economics - - Regulation and Business Law
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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