THE LEGAL PROBLEM OF THE AUSTRIAN SCHOOL’S L&E AND ITS POSSIBLE SOLUTION IN THE METHODOLOGICAL TRIALISM OF KAREL ENGLIŠ

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Jan Horych

Abstract

This article focuses on the methodological nature of the economic analysis of law as a distinct discipline between jurisprudence and economics. A brief introduction to the dualist character of the discipline shall be provided by demonstrating how its component legal and economic parts may be changed. Finally, these findings will be applied to the case of the Austrian school of economics, with brief inquiry into the work of Karel Engliš, whose ideas on the methodology of law and economics offer a viable alternative to the current natural law conception of the Austrian school’s economic analysis of law.

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