TITLE:
“Law and…” a New Perspective
AUTHORS:
Matteo Maria Cati
KEYWORDS:
Law and Economics, Economic Analysis of Law, Behavioral Economics, Behavioral Law and Economics
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.4,
December
31,
2024
ABSTRACT: This paper revisits the interplay between law and economics from an unconventional perspective, shifting away from the traditional lawyer-economist view to that of an economist-mathematician. Inspired by Calabresi’s seminal 2016 work, “The Future of Law and Economics—Essays in Reform and Recollection,” it challenges existing interpretations and introduces a novel methodological framework employing set theory. This approach elucidates and expands upon the pioneering concepts discussed in Calabresi’s notable text “Tragic Choices,” particularly in the context of behavioral economics and its application to law. The paper utilizes set theory not only as a tool for theoretical argumentation but also as a means to demonstrate how behavioral economics can broadly influence both legal and economic theories. Essential concepts from set theory used in this analysis are further elaborated in the Appendix, enhancing the intuitive understanding of our methodological application.