1 - Introduction and Background

Summary

This chapter describes the motivations for an analytical, “internal” critique of the law-and-economics movement. In particular, it discusses earlier types of critiques and shows that, while they are probably successful on their own terms, they have done little to dislodge economic-style thinking as a dominant force in American private law. Instead, a critique on the law-and-economics movement’s own terms is needed. The chapter also identifies several recurring problems, or “antipatterns,” in legal-economic reasoning.