Diritto e fallimento economico e di mercato: una critica edilizia

Drawing upon neoclassical welfare economics, mainstream law & economics has strongly advocated the primacy of markets as the superior mechanism for the efficient allocation of resources. However, Sraffa has convincingly indicate that the marginal method leading to this premise is inherently flawed. Extending the application of price theory to the legal system in general is therefore epistemologically questionable. An alternative theoretical framework is proposed. ―Sraffian law & economics‖ approaches the legal system holistically from a surplus- perspective. A Sraffian approach is argued to be theoretically more rigorous than its neoclassical counterpart. It is a dynamic theory that transcends the distinction between micro- and macro- economic and does not impose unrealistic assumptions on the demand side, making it compatible with behavioral law & economics. The proposed methodology is likely to provide fresh insights into diverse fields of law & economics such as intellectual property rights, labour law, corporate governance and the regulation of financial markets. The suggested theoretical framework theory predicts that ―Sraffian legal change‖ may boost aggregate demand and investment. key words: Market Failure, Pareto Efficiency, Economist‘s Straightjacket , Methodology and Epistemology, Sraffian Law & Economics, Neoclassical Price Theory, Posnerian price theory, Coase‘s Methodology, Reappraisal of the Classical Surplus Approach, Supply-side Economics.