Engagement with economics: The new hybrids of family law/law and economics thinking

Research output: Chapter in Book/Report/Conference proceedingChapter


Economic analysis has become a pervasive force in legal academia and legal commentary, and family law is no longer the haven from this form of analysis that it once seemed to be. As law and economics theorists have explored the ways in which rational choice theory might extend fruitfully to the issues within family law, family law scholars have considered what of value can be learned from economic analysis. Many family law scholars seem to feel more comfortable with variations away from traditional forms of analysis: New Institutional Economics, behavioral law and economics, game theory, etc. Economic analysis, in all its variations, is a tool whose usefulness cannot be denied. It is an approach which helps to remind us of unintended consequences and incentive effects. People’s values and preferences are arguably more likely to be changed by analysis given in normative terms rather than commodified terms.

Original languageEnglish (US)
Title of host publicationLaw and Economics
Subtitle of host publicationPhilosophical Issues and Fundamental Questions
PublisherTaylor and Francis
Number of pages22
ISBN (Electronic)9781317550327
ISBN (Print)9780415404105
StatePublished - Jan 1 2015

Bibliographical note

Publisher Copyright:
© 2015 selection and editorial matter, Aristides N. Hatzis and Nicholas Mercuro; individual chapters, the contributors.


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