Adapted from the Mises blog, 9/18/2005 (no archived comments):
Austrian Law and Economics
Apropos nothing, I’ve just added a few pieces to my site scanned from my paper files, on the topic of (Austrian) law and economics:
- Joseph Becker, Comment, “Procrustean Jurisprudence: An Austrian School Economic Critique of the Separation and Regulation of Liberties in the Twentieth Century United States,” Northern Illinois University Law Review 15 (1995): 671–718 (my annotations): my comments in the JLS Libertarian Literature Review (which I ran under Hoppe’s editorship for a while until he was unfortunately replaced and the JLS became a disaster): “Becker, Joseph, Comment, “Procrustean Jurisprudence: An Austrian School Economic Critique of the Separation and Regulation of Liberties in the Twentieth Century United States,” Northern Illinois University Law Review 15 (1995): 671– 718. Uses both Austrian economic theory (e.g., Ludwig von Mises and Murray N. Rothbard) and Austrian economic legal and ethical theory such as that of Rothbard and Hans-Hermann Hoppe, to criticize two precepts of U.S. constitutional jurisprudence: (1) that economic liberties are inherently different from fundamental liberties, can be conceptually separated, and should be afforded different levels of scrutiny and protection under the U.S. Constitution; and (2) that economic regulation benefits society as a whole and passes the minimal rationalbasis test of constitutional review. “
- Crespi, Gregory Scott, Exploring The Complicationist Gambit: An Austrian Approach To The Economic Analysis Of Law
- Katz, Avery Wiener, Positivism and the Separation of Law And Economics (my annotations)
- Schwartzstein, Linda A., “Austrian Economics and the Current Debate between Critical Legal Studies and Law and Economics” (PDF; my annotations) (in: Symposium: The Future of Law And Economics), 1992
- ——, An Austrian Economic View of Legal Process
- Wonnell, Christopher T., Contract Law and the Austrian School of Economics (my annotations)
- Edward Stringham & Mark White, “Economic Analysis of Tort Law: Austrian and Kantian Perspectives“
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Update: See also Josef Šíma, Praxeology as Law & Economics.
