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Article
The Theory of Law “as Claim” and the Inquiry into the Sources of Law. Bruno Leoni in Prospect
Southern California Interdisciplinary Law Journal, 25, n. 3 (2015): 561 (2015)
  • daniele bertolini, University of Toronto
Abstract
This paper presents a systematic analysis of the theory of law "as claim" through a critical review of Bruno Leoni’s work. I argue that this philosophical theory provides a useful methodological framework for the analysis of law-making processes. I also demonstrate how Leoni’s critique of legislation offers insights into the efficient institutional response to the growing demand for law that has emerged from the increasing complexity of contemporary societies — insights that are particularly relevant in an age characterized by continuing technological changes and profound social mutations that challenge the existing organization of the sources of law. Finally, I contend that the idea of law as claim provides useful guidelines for a critical review of the methodological foundations of the mainstream discipline of law and economics.
Keywords
  • Lawmaking Process,
  • Legislation,
  • Efficiency,
  • Sources of Law,
  • Evolutionary Legal Orders,
  • Informal Norms,
  • Judges,
  • Common Law
Publication Date
2015
Citation Information
daniele bertolini. "The Theory of Law “as Claim” and the Inquiry into the Sources of Law. Bruno Leoni in Prospect" Southern California Interdisciplinary Law Journal, 25, n. 3 (2015): 561 (2015)
Available at: http://works.bepress.com/daniele_bertolini/3/