Comment on Franz Von Benda-Beckmann, “anthropological approaches to property law and economics” |
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Authors: | Boudewijn Bouckaert |
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Institution: | (1) University of Ghent, Belgium |
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Abstract: | This comment deals with criticisms of law and economics analysis as they can be formulated from the point of view of an anthropologist. These criticisms are taken seriously. The author first addresses so-called defects of law and economics analysis which should be considered underdeveloped areas of the approach. Secondly, and more specifically, weaknesses of the property rights approach are taken up. In the author's view, they should be dealt with in future law and economics work. Finally, methodological issues are being addressed which, if not considered with circumspection, could impair the scientific integrity of the law and economics approach. |
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Keywords: | Tragedy of the commons legal pluralism synchronic and diachronic dimensions of law and economics |
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