Posner,Bentham and the rule of economy

Law and economics is a prominent but understudied discourse of liberal government. This essay examines the work of Richard Posner, with special attention to his rediscovery of Jeremy Bentham as a founder of law and economics. Posner's new reading of Bentham accurately identifies Bentham as a fellow anti-juridical theorist of government and a fellow believer in the rule of economy. But Bentham's economy makes room for a range of disciplinary appropriations, and Posner's does not. Posner's economy is entirely defined and exhausted by a particular economic doctrine. The essay suggests that civil society has been over-emphasized in the literature contrasting classical and contemporary liberalism. Instead, it turns attention to a common understanding of law as a non-autonomous and flexible tactic of economic government and to the role of the various sciences that can inform it.