A Positive Economic Analysis of Products Liability

1985 ◽  
Vol 14 (3) ◽  
pp. 535-567 ◽  
Author(s):  
William M. Landes ◽  
Richard A. Posner
Keyword(s):  
Economic Analysis ◽  
Products Liability ◽  
Positive Economic

scholarly journals Some Economics of Trade Secret Law

1991 ◽  
Vol 5 (1) ◽  
pp. 61-72 ◽  
Author(s):  
David D Friedman ◽  
William M Landes ◽  
Richard A Posner
Keyword(s):  
Economic Theory ◽  
Intellectual Property ◽  
Economic Analysis ◽  
Common Law ◽  
Practical Importance ◽  
Trade Secret ◽  
Business Community ◽  
Trade Secrets ◽  
Positive Economic ◽  
The Common

Despite the practical importance of trade secrets to the business community, the law of trade secrets is a neglected orphan in economic analysis. This paper sketches an approach to the economics of trade secret law that connects it more closely both to other areas of intellectual property and to broader issues in the positive economic theory of the common law.

Law, economic approach to

2018 ◽  
Author(s):  
Jules L. Coleman
Keyword(s):  
Twentieth Century ◽  
Economic Analysis ◽  
Economic Efficiency ◽  
Welfare Economics ◽  
Private Law ◽  
Economic Approach ◽  
Economic Analysis Of Law ◽  
Legal Practice ◽  
Positive Economic ◽  
Trust Law

The development of an economic approach to legal practice has been the most important jurisprudential development in the last third of the twentieth century. Economic analysis has been offered as both a positive and a normative jurisprudence: as an analysis of important features of existing legal practices and as an ideal against which these practices ought to be evaluated. For some, economic analysis has a narrow explanatory range (in various fields of private law, corporations and taxation, and anti-trust law, for example), while others make broader claims for its ability to illuminate any area of law. Finally, there is a difference between those who focus on one explanation and those who focus on prediction, but all offer positive economic analysis of law based on the concept of economic efficiency as defined in welfare economics and applied to law by Coase, Posner, Calabresi and others.

Positive Wirtschaftsanalyse oder normativer Wirtschaftsentwurf?

2018 ◽  
Vol 67 (2) ◽  
pp. 219-245
Author(s):  
Christian E. W. Kremser
Keyword(s):  
Economic Policy ◽  
Economic Analysis ◽  
Adam Smith ◽  
Commercial Society ◽  
Positive Economic ◽  
Normative Economic

Abstract Many people consider Adam Smith the first economist to describe the functioning of capitalism. In fact, Smith must be considered less the discoverer of capitalism, but rather as its inventor. The economic laws Smith formulated are institutionally bound to the commercial society, to use the corresponding phrase of Smith, which at that time – at least in its liberal version – has not yet be materialized. In this sense, it represents a utopia of economic policy that still had to be realized. Smith’s comments on commercial society should therefore be understood less as a positive economic analysis than as a normative economic draft.

Toward a Better Understanding of the Positive/Normative Distinction in Economics

1994 ◽  
Vol 10 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Samuel C. Weston
Keyword(s):  
Economic Analysis ◽  
Ethical Values ◽  
Objective Reality ◽  
Positive Economic ◽  
A Value ◽  
Positive Science ◽  
Cast Doubt ◽  
Central Claim ◽  
Normative Judgments

This essay argues in favor of retaining the positive/normative distinction in economics, in spite of developments in methodology and epistemology that have cast doubt on the possibility of a “value-free” economics. The central claim is that it is worthwhile to distinguish between positive economic analysis and normative judgments, even if economics is viewed as being permeated with ethical values. This argument is presented without trying either to demonstrate that there is (or is not) a profound epistemological difference between science and ethics or to show that positive science can (or cannot) afford us access to objective reality.

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