Jeremy Bearer-Friend, Ari Glogower, Ariel Jurow Kleiman and Clinton G Wallace, ‘Taxation and Law and Political Economy’, 83 Ohio State Law Journal 471 (2022). Do the goals of fairness, equity, social justice, or other explicitly normative approaches to analyzing law and policy have any place at all in modern scholarship? Some scholars, especially those who approach the world from an orthodox economic viewpoint, have tended to reject categorically the very idea that such concepts should supplant their purportedly hard-headed analysis – an analysis that they hold out as being superior to supposedly ‘soft’, ‘sentimental’, ‘moralistic’, or ‘subjective’ anti-orthodox approaches. Increasingly, however, equity-based analysis has at least been permitted as a component of most legal scholarly discussions. That itself is progress … (more)
[Neil H Buchanan, JOTWELL, 12 July]
First posted 2022-07-13 07:45:32
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