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Law, violation and technicality: Law & Economics in Coase's and Brown's conceptions

Abstract

This paper examines some main conceptions regarding violation of juridical rules in Ronald Coase’s and John Prather Brown’s works. It aims to develop a critical study about how this phenomenon is approached in Law & Economics, taking the development of Evguiéni Pachukanis theoretical perspective and of a study about the Ford Pinto model case. It argues that this current of thought has been representing, as the works analyzed express, a mediation between the theoretical plan and the corporate activities planning, revealing a technical and calculating conception of the effects of the violation of legal rules.

Keywords:
Juridical rules violation; Evguiéni Pachukanis; Critical review to Law & Economics

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