Smith, Henry E.
January 2009
Harvard Journal of Law & Public Policy;Winter2009, Vol. 32 Issue 1, p127
Academic Journal
An essay that explores the relationship of law and economics with democracy and legal realism is presented. It is the author's contention that legal realism causes law and economics to be more technocratic and less democratic than necessary. This contention is said to be based on the presence of information cost, which the author refers to as a limit that could be regarded as technocratic but in a different sense. Furthermore, it is argued that some form of legal realism is the only coherent way to contemplate about torts.


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