Shawn Bayern, The Analytical Failures of Law and Economics (2023). In his book, The Analytical Failures of Law and Economics, Shawn Bayern tackles what, for a time, was arguably contract law’s leading school of thought, and argues that the emperor has no clothes. Bayern is not the movement’s sole critic; however, his critical approach is different because he adopts ‘analytical techniques, often of a type similar to those that have driven the legal-economics movement forward, in order to show that many leading legal-economic arguments would not reach their goals on their own terms’ (p 3). Thus, Bayern challenges law and economics theory with law and economics reasoning. (Maybe sometimes the Master’s tools can be used to dismantle the Master’s house). The book covers property, tort and contracts, but this review focuses on contracts. Bayern starts with two important clarifications … (more)
[Nancy Kim, JOTWELL, 15 March 2024]
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