Pragmatismo em Filosofia, Realismo em Direito e o Duplo Assalto à Economia Política Clássica: as bases do First Law and Economics Movement na Progressive Era Americana (1880-1930)
This essay aims to discuss the so- -called First Law and Economics Movement, linked to the American Progressive Era, whose design allowed a paradigmatic rupture in the american legal practice. Lawyers and economists have joined together to unravel by one hand, the positions assumed by the distinctly...
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Format: | Article |
Language: | Portuguese |
Published: |
Universidade Federal de Santa Catarina (UFSC)
2012
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4204938 |
Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 33, Nº. 65, 2012, pags. 209-239 |
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Summary: |
This essay aims to discuss the so-
-called First Law and Economics Movement,
linked to the American Progressive Era, whose
design allowed a paradigmatic rupture in the
american legal practice. Lawyers and economists
have joined together to unravel by one
hand, the positions assumed by the distinctly
economistic U.S. Supreme Court in the early
twentieth century, based on laissez-faire and
justified, contrary sense, as mere formalists;
on the other hand, sought to propose interaction
of both disciplines (law and economics)
to enhance the consideration of historical and
social aspects of judicial decisions and, therefore,
open for the discussion of the possibility
of redefining the economic fundamentals of the
general welfare of society. In this sense, it welcomes,
therefore, the existence of an economic
movement of the law, linked with the progressists
and clearly earlier from that started in the
60s of the twentieth century by the University
of Chicago. |
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