The Anti-Foundational Dilemma: Normative Implications for the Economic Analysis of Law

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Advances in Austrian Economics

ISSN: 1529-2134
Series editor(s): Roger Koppl; Steven Horwitz

Subject Area: Economics

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Document Information:
Title:	The Anti-Foundational Dilemma: Normative Implications for the Economic Analysis of Law
Author(s):	Elisabeth Krecké, Carine Krecké
Volume:	9 Editor(s): Elisabeth Krecké, Carine Krecké, Roger G. Koppl ISBN: 978-0-76231-378-5 eISBN: 978-1-84950-465-2
Citation:	Elisabeth Krecké, Carine Krecké (2006), The Anti-Foundational Dilemma: Normative Implications for the Economic Analysis of Law, in Elisabeth Krecké, Carine Krecké, Roger G. Koppl (ed.) Cognition and Economics (Advances in Austrian Economics, Volume 9), Emerald Group Publishing Limited, pp.201-233
DOI:	10.1016/S1529-2134(06)09008-9 (Permanent URL)
Publisher:	Emerald Group Publishing Limited
Article type:	Chapter Item
Extract:	In recent years, traditional legal systems have been increasingly challenged by the rapid and wide-ranging changes induced by modern technology and science which constantly transform our economies and societies. The rise of a new type of scholarship in contemporary legal thought can be understood in the light of the growing disjunction between the traditional methods of law dealing with social problems and the overall pragmatic spirit of the globalized economies. The intrinsic conservatism of traditional law is sometimes (more or less explicitly) accused of being inadequate to cope with the problems raised by the application of new technologies and sciences, or worse, of being an impediment to the development of the full potential of the modern economies.