The use of economics to study law was pioneered by the Austrian School of Economics. The nineteenth century founders of the school believed that economics could contribute to understanding the spontaneous development of common law as well as the nature of legal rights. For this insightful...

Der sogenannte Libertäre Paternalismus, der in den letzten Jahren mit dem Politikinstrument des Nudging hervorgetreten ist, weist in seinen konzeptionellen Grundlagen eine Reihe problematischer Eigenschaften auf. Insbesondere dient der Homo oeconomicus als normatives Rollenmodell, der...

Behavioral economics and existentialism both have persuasive, informative perspectives on human choice and welfare. We argue in this paper that the weaknesses in each of their positions are answered by the strengths in the other, creating a more comprehensive vision of what human choice is and...

Buchanan mentions at several points in his oeuvre the necessary role for a ‘constitutional attitude' – at the individual (‘the private man') and social level (‘the public man'). Buchanan's constitutional attitude is both explanatory and evaluative; it explains why citizens value liberty...

Historians of economic thought are paying greater attention to issues of social ontology (that is, to the assumptions that economists make about the nature of social reality). In this paper, we contribute to this burgeoning literature by exploring the hitherto neglected way in which James...

In recent years, commentators have noticed that the European liberal order is ‘under attack'. Traditional parties of the center are in decline. Populist movements of the right and the left have won elections or significant shares in parliaments. In the face of this ‘new' crisis of...