LIABILITY, PRAGMATISM AND ECONOMICS

Authors

DOI:

https://doi.org/10.25234/pv/7491

Keywords:

Economic Analysis, Hand Formula, O.W. Holmes, Liability, Pragmatism, Tort Law

Abstract

The paper considers the concept of legal liability and shows how pragmatist legal thinkers (1) reshaped it in the light of their philosophical externalism and (2) developed an economic analysis of it that is certainly stimulating but raises some serious concerns. The main characters of this story are Oliver Holmes for the classical pragmatist reshaping of the concept, and Learned Hand and Richard Posner for the more recent economic analysis of it. The paper suggests that, despite those concerns, that pragmatist reshaping was, and still is, welcome.

Author Biography

Giovanni Tuzet, Bocconi University, Via Roberto Sarfatti 25, 20100 Milano, Italy

PhD, Associate Professor, Department of Law

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Published

2018-12-27

Issue

Vol. 34 No. 3-4 (2018)

Section

Review article

License

Copyright (c) 2018 Giovanni Tuzet

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