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Friedrich Hayek devoted the later part of his career to investigating the legal rules required for the existence of a free society. The subject of this paper is Hayek's treatment of legal positivism, which he thought was the most important intellectual movement responsible for the decline of...
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The purpose of the present article is to continue my part in the debate over property rights in which I have become enmeshed with Harold Demsetz. It all began with the publication of my piece (Block 1977a), which was critical of Coase (1960) and of Demsetz (1966, 1967). The second round...
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This chapter summarizes leading critiques of law and economics. For the most part, we put aside objections to particular applications of law and economics to distinct fields of law. We focus on rather general criticisms that properly apply to widely shared core commitments within the field of...
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In his book on Austrian welfare economics, Roy Cordato presents a scathing criticism of the Coasean approach to making … judgments in tort cases. His criticism claims that the Coasean approach is both unrealistic and normative. Moreover, it would … freedom of some people while reducing the freedom of others in pursuing their goals. Second, it argues that his criticism of …
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