Prof. Bainbridge answers 20 Questions

Prof. Bainbridge is the latest to undergo questioning at Crescat Sententia. When asked about law and economics the good professor had this insightful comment:

Traditional forms of legal scholarship were mostly backward-looking. One reasoned from old precedents to decide a present case, seemingly without much concern (at least explicitly) for the effect today’s decision would have on future behavior. Yet, law is necessarily forward looking. To be sure, a major function of our legal system is to resolve present disputes, but law’s principal function is to regulate future behavior [and]… law & economics gives judges a systematic mechanism for predicting how rules will affect behavior.


Comments for this post are closed