Alcune note sui disaccordi teorico-interdisciplinari del diritto con l’economia
Title: Alcune note sui disaccordi teorico-interdisciplinari del diritto con l’economia
Author: ESPOSITO, Fabrizio
Citation: Rivista internazionale di filosofia del diritto, 2017, Vol. 94, No. 1, pp. 91-117
ISSN: 1593-7135; 0035-6727
The starting point of this essay is the question “Under what conditions is the legal practitioner justified in ignoring the economic point of view?”. This question leads to an inquiry of the relation between the disagreements econ¬omists have with the law and theoretical disagreements. The essay makes two main claims. First, the disagreements economists have with the law can originate a particular kind of theoretical disagreement – an interdisciplinary theoretical disagreement. Interdisciplinary theoretical disagreements pre¬suppose the solution of a translation problem from economics to law. The translation problem is solved when a proposition of economics becomes part of the external justification of a legal norm. It makes sense to use the expres¬sion «interdisciplinary translation» (but also transportation, transfer) because meaning is moved from one practice to another. Second, the various positions with regard to the relation between law and morality are also a problem of interdisciplinary translation – this time from morality to law. In light of this insight, the essay concludes with the hope of more interest by philosophers of law and legal theorists for the relation between law and economics.
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