Utilitarianism and Economic Approach in the Theory of Law
Utilitarianism stands at the origin of the economic analysis of law. However these two flows of the theory of law, respectively represented here by J. Bentham and R. Posner, differ on several points. The kinships and discrepancies between these orientations are shown through a study of their method, of their criterion used to evaluate norms and of their conception of common law.
Key Words : utilitarianism, economy, Bentham, Posner, common law
t. 37, 1992 : p. 143-171