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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
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    Inverse View

    It is not the case that The normative theory of adjudication endorsed by constitutional political economy differs significantly from the normative theory endorsed by the policy analysis strand of economic analysis of law.

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    Reasons For

    2 perspectives
    Reason for 1 of 2
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    • 1.Both constitutional political economy (Buchanan/Tullock) and policy analysis EAL (Posner) share the foundational normative criterion of efficiency maximization.
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    • 2.When two theories share the same ultimate normative criterion, differences in institutional focus constitute methodological variation, not genuinely distinct normative theories.
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    Reason for 2 of 2
    ?
    • 1.Posner's pragmatic adjudication theory explicitly incorporates systemic and institutional constraints, converging with constitutional political economy's structural concerns.
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    • 2.A difference in normative theories requires divergence in foundational values or evaluative standards, not merely in the level of analysis at which those shared values are applied.
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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.Constitutional political economy produces a structural normative theory of adjudication focused on institutional design.
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    • 2.The policy analysis strand of economic analysis of law produces a normative theory of adjudication distinct from a purely structural one.
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