Spiegazione funzionale e analisi concettuale. Sull’incidenza dei modelli economici nello studio della pratica giuridica

Abstract

In this article I assess the importance of economic models in the interpretation and general explanation of law. I distinguish between a conceptual explanation, that takes into account the internal point of view, and a functional explanation that focuses mainly on the beneficial effect that legal institutions provide for the communities that hold them. I argue that economic models have no direct bearing on interpretation nor on conceptual explanations of the nature of law, but they can play a very significant role in functional explanations