Our societies obviously rest on common beliefs. These "myths" are tools that help us to develop and build common identities; they form the structure around which societies function. This does not imply that these beliefs are "true," in the sense that they would be supported by empirical facts. In social matters, myths have undoubtedly important functions to play even if no empirical facts support them. On the other hand, and precisely because they are not discussed, myths may be problematic: they may create illusions, conserve structures that are inefficient and unable to improve the situation of citizens.
This is particularly true with constitutions. Constitutions are very important for societies: a constitution is a document - even in societies based on "unwritten" constitutions - which binds citizens together, creating unity among them, and which forms the framework within which our activities take place. As Nobel Prize laureate James Buchanan used to say: constitutions contain the rules of the social game we play in our everyday life. However, constitutions are not frequently debated by citizens. This is why we end up with common beliefs about these constitutions: they are above our heads, around us. We take them, their role, function, and nature as given. The purpose of this volume to investigate and challenge common constitutional myths.
Featuring contributions from prominent economists, political scientists, and legal scholars, the chapters in this volume address such myths as "constitutions are binding social contracts," "constitutions are economic documents" and "constitutions are legal documents." Illustrating their analyses with historical and contemporary examples from the United States, Canada, and Europe, the authors build a multi-layered approach to understanding constitutions and their implications for social and political influence.
Richard A. Posner (1939- ) est l'un des « pères fondateurs » de l'analyse économique du droit. Sa réflexion avait pour objectif d'utiliser les outils de l'analyse économique pour appréhender et analyser les phénomènes juridiques. Posner s'impose comme celui qui a façonné, orienté et structuré la discipline dans sa forme actuelle.
This volume traces the evolution of the field of law and economics from its European roots to its neoclassical "Chicagoan" period to its current identity as a more fluid, transatlantic discipline. Paying special attention to the work of German economist Juergen Backhaus, who was instrumental in the reintroduction of the European perspective to the field, this book analyzes this gradual shift in the law and economics debate and provides a state-of-the-art of the literature currently being produced by the field's most active scholars. Beginning with a discussion of the history of the field and Backhaus' role in its development, the volume provides a survey of issues central to the current debate such as legal processes in both Europe and the U.S., constitutional political economy, regulatory law, and the ongoing evolution of the European Union. The importance of this volume is two-fold, as it firmly grounds the discipline in history while establishing a future research agenda. This book will be of use to researchers studying law and economics as well as those interested in institutional analysis.
Presses universitaires de france (réédition numérique fenixx)
Que sais-je ?
5 Novembre 2015
9782130682899
Depuis le milieu des années 70, la science économique ne jouit plus de la même considération. Cette crise de confiance a poussé et pousse l'économiste à porter un double regard critique sur sa propre pratique scientifique et sur le monde environnant, d'où la nécessité de développer et d'affiner l'analyse des questions d'éthique sociale posées.
