The Anti-Foundational Dilemma: Normative Implications for the Economic Analysis of Law

Abstract

In recent years, traditional legal systems have been increasingly challenged by the rapid and wide-ranging changes induced by modern technology and science which constantly transform our economies and societies. The rise of a new type of scholarship in contemporary legal thought can be understood in the light of the growing disjunction between the traditional methods of law dealing with social problems and the overall pragmatic spirit of the globalized economies. The intrinsic conservatism of traditional law is sometimes (more or less explicitly) accused of being inadequate to cope with the problems raised by the application of new technologies and sciences, or worse, of being an impediment to the development of the full potential of the modern economies.

Citation

Krecké, E. and Krecké, C. (2006), "The Anti-Foundational Dilemma: Normative Implications for the Economic Analysis of Law", Krecké, E., Krecké, C. and Koppl, R.G. (Ed.) Cognition and Economics (Advances in Austrian Economics, Vol. 9), Emerald Group Publishing Limited, Leeds, pp. 201-233. https://doi.org/10.1016/S1529-2134(06)09008-9