《英文法律与经济中的两个文化问题SSRN-id1840728》.pdfVIP

YALE LAW SCHOOL John M. Olin Center for Studies in Law, Economics, and Public Policy Research Paper No. 432 Two Culture Problems in Law and Economics by Alan Schwartz Yale Law School University of Illinois Law Review, Forthcoming Electronic copy available at: /abstract=1840728 SCHWARTZ .DOCX (DO NOT DELETE) 5/13/2011 2:00 PM Two Culture Problems in Law and Economics Alan Schwartz* Abstract This Essay briefly reviews where law and economics has been, and then sets out important problems it now faces. My primary theme is that law and economics faces two culture problems: between scholars who self- identify as being in a field – contracts, torts – and who do not use economics in their work and scholars who self- identify as being in the same field but who do; and between “field scholars” and technically trained scholars who are not in any particular legal field, but who rather look for problems their techniques can solve. The second problem seems easier to ameliorate than the first. Both law and economics types make less progress with implementation issues than they should because they do not access the insights that rational actor political science can yield, a third two culture problem that seems easier to solve than the others. 101 Electronic copy available at: /abstract=1840728Electronic copy available at: /abstract=1840728 SCHWARTZ .DOCX (DO NOT DELETE) 5/13/2011 2:00 PM 102 UNIVERSITY OF ILLINOIS LAW REVIEW [Vol. 2011 It is a pleasure to part