Sidgwick's Utilitarian Analysis of Law: A Bridge from Bentham to Becker? |
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Authors: | Medema Steven G |
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Department of Economics, University of Colorado at Denver
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Abstract: | Jeremy Bentham's utilitarian analysis of crime and punishmentis regularly characterized as an inspiration for the economicanalysis of law, whereas Henry Sidgwick has been all but ignoredin the discussions of the history of law and economics. Sidgwickis well known as the godfather of Cambridge welfare economics.Yet, as we will show, his utilitarian analysis of issues inproperty, contract, tort, and, criminal law reflects themesnow associated with the Chicago approach and advances on Benthamin multiple waysincluding through the use of marginalanalysismaking him a bridge on the road from Benthamto Becker. |
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