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  • 1
    Electronic Resource
    Electronic Resource
    The sociology of the sociology of law: A view from economics (1995)
    Springer
    European journal of law and economics 2 (1995), S. 265-284 
    Details
    ISSN: 1572-9990
    Keywords: Economic analysis of law ; law ; law and economics ; methodology ; rational choice ; sociology
    Source: Springer Online Journal Archives 1860-2000
    Topics: Law , Economics
    Notes: Abstract The sociology of law appears to be a weak field in the United States, in comparison to other indisciplinary fields of legal study, notably economic analysis of law. Although American legal sociologists have done important empirical work, particularly on the litigation process and on the legal profession, the focus of American sociology of law has been narrow, theoretically limited, and, empirically, limited in both scope and method. These deficiencies may reflect the methodological limitations of Max Weber, the most influential figure in the history of sociology in general and sociology of law in particular. The failure of legal sociologists to borrow theoretical and empirical tools from sociologically minded economists such as Gary Becker is especially regrettable, and may be due to inaccurate perceptions of the political valence of economic analysis of law, sociology's traditional skepticism about the knowledge claims of other disciplines, professional envy, and misunderstanding of the economists' conception of rational choice.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1007/BF01541067
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  • 2
    Electronic Resource
    Electronic Resource
    Toward an integration of economic and sociological approaches? (1995)
    Springer
    European journal of law and economics 2 (1995), S. 301-308 
    Details
    ISSN: 1572-9990
    Keywords: Sociology of law ; law and economics ; assumption ; concepts ; integration ; A12 ; K00
    Source: Springer Online Journal Archives 1860-2000
    Topics: Law , Economics
    Notes: Abstract This article answers the question whether sociology of law and law and economics can be unificd into one integrated science. First, it is argued that an integration process inside law and economics has taken place, integrating most schools and partial analyses into one mainstream law and economics. Second, it is argued that there are no natural barriers against an integration of sociology and economics. Purely economic theories cannot and do not exist. What is calledeconomic analysis of law is basically a mixture of, for instance, 70 percent economics, 10 percent sociology, 10 percent psychology, and 10 percent other sciences. In addition, there is no such a thing as a purely sociological concept; concepts are sociological only in the sense that they are invented by people who call themselves sociologists. Nevertheless one should not expect that such a richer social science will lead to fundamentally different predictions and policy recommendations than those derived from the current simplistic economic analysis of law. The aspects studied by sociologists but assumed away by legal economists to date have in most cases no influence on the determination of (optimal) legal rules or on the long-run effects of legal rules.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1007/BF01541069
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  • 3
    Electronic Resource
    Electronic Resource
    Anthropological approaches to property law and economics (1995)
    Springer
    European journal of law and economics 2 (1995), S. 309-336 
    Details
    ISSN: 1572-9990
    Keywords: Property ; legal anthropology ; law and economics ; legal pluralism ; customary law ; comparative analysis
    Source: Springer Online Journal Archives 1860-2000
    Topics: Law , Economics
    Notes: Abstract This paper confronts law and economics approaches to property with empirical and theoretical insights from legal anthropology. It is argued that law and economics scholars have given little attention to the elaboration of a comparative analytical framework with which to describe and analyze property rights systems. Property is dealt with mainly in the sphere of private law and in the synchronic dimension. Consequently, little attention is given to the political nature of (public) property rights and to processes of inheritance. Moreover, its methodological (individualist) assumptions leave little room for the analysis of the interrelations between individual interactions and social change, in particular in plural legal property systems. The normative and teleological orientation of law and economics are quite different from legal anthropology, an academic specialism primarily devoted to description, analysis and cautious theoretical generalization. It is concluded that law and economics is more an ‘economic jurisprudence’ than a social scientific study of law in society.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1007/BF01541070
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  • 4
    Electronic Resource
    Electronic Resource
    What is the Place of Christian Wolff in the History of the Social Sciences? (1997)
    Springer
    European journal of law and economics 4 (1997), S. 147-232 
    Details
    ISSN: 1572-9990
    Keywords: Methodology ; history of social science ; economists ; political economy ; history ; historical school ; Germany ; England ; United States ; historicism ; economics ; philosophy ; Wolff
    Source: Springer Online Journal Archives 1860-2000
    Topics: Law , Economics
    Notes: Abstract This paper explores the place of Christian Wolff in the history of social science in English. The "Introduction" places Wolff in the context of the pre-history of modern social science. Samples are given of the great range of subjects on which he wrote. The importance of the German context is stressed. The second part is devoted to a sample of what the literature contains by and about Wolff. It emphasizes philosophy and science. Part three is a survey of works in the history of the social sciences that mention Wolff. He has a substantial place in political science and psychology, a much smaller place in economics and history, virtually none in anthropology, geography, and sociology. In the applied social sciences, he is found in the history of education. Possible reasons are given. Part four is devoted to the relationships of philosophy and philosophers in the pre-history of the social sciences. They were important in several different ways because they both shaped and reflected how many people thought about science and social problems. The “Summary and Conclusion” describes the present status. His contributions are summarized. He was a pivotal figure in the making of the German conception of social science. This is a preliminary study emphasizing the issues and problems that a more detailed examination would require. Several conventional judgments are challenged and possibilities for further research suggested.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1023/A:1008679326854
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  • 5
    Electronic Resource
    Electronic Resource
    Why has the German Civil Code Proven so Durable? (1999)
    Springer
    European journal of law and economics 7 (1999), S. 65-92 
    Details
    ISSN: 1572-9990
    Keywords: German Civil Code ; history of law ; law and economics ; legal evolution ; legal history ; methodology ; philosophy ; sociology of law
    Source: Springer Online Journal Archives 1860-2000
    Topics: Law , Economics
    Notes: Abstract This paper explores possible reasons for the longevity of the German Civil Code (Bürgerliches Gesetzbuch) using mostly English language sources. The introduction reviews the reasons usually given for the durability of the Code in the context of the history of Germany. None are completely satisfactory. The next section is devoted to a description of the Code. It concludes with attention to the patriotic motives of its developers, an important factor in determining its unique character. The third part examines what social scientists and legal scholars, with an emphasis on sociologists, have written about legal evolution and this important legislation. Their results, although often interesting and provocative, made no substantial contribution to the problem. The “Conclusions” summarize and make the point that it is not known what determines the quality or durability of legal systems.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1023/A:1008636224982
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  • 6
    Electronic Resource
    Electronic Resource
    Public Choice at the Intersection of Environmental Law and Economics (1999)
    Springer
    European journal of law and economics 8 (1999), S. 5-27 
    Details
    ISSN: 1572-9990
    Keywords: Public Choice ; environmental regulation ; property rights ; political economy ; law and economics
    Source: Springer Online Journal Archives 1860-2000
    Topics: Law , Economics
    Notes: Abstract Management of environmental assets begins with a commons and ends with various legal institutions that assign property rights and control. Each step in the evolution of these legal institutions involves collective decision making. Public Choice analysis helps to explain the decision making process and institutional characteristics that emerge. A survey of Public Choice literature that addresses environmental issues illustrates how Public Choice sheds light on outcomes for the U.S. experience. In the absence of Public Choice theory, law and economics scholars would be hard pressed to explain why costly forms of environmental regulation seem preferred to apparently more efficient institutions and why the body politic seemingly accepts a high-cost, low-output outcome.
    Type of Medium: Electronic Resource
    URL: http://dx.doi.org/10.1023/A:1008782132515
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