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The stumbling block: freedom, rationality, and legal scholarship. (law and economics movement)

About 150 pages (44,960 words)

William and Mary Law Review, October 1st, 2002

The concept of freedom is the stone of stumbling for all empiricists, but at the same time the key to the loftiest practical principles for critical moralists, who perceive by its means that they must necessarily proceed by a rational method.

--Immanuel Kant (1)

I. POLICY SCHOLARSHIP

A. Introduction

In this Article, I succumb to the temptation to make policy recommendations. My policy is "Stop making policy recommendations!" Or, to put this more reasonably, legal academia should realize that policy scholarship should not dominate legal scholarship as it does now. Jurisprudential, theoret...

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