Análisis dinámico de la eficiencia como valor en la controversia entre Ronald Dworkin vs. Richard Posner

Resumo

Abstract The economic analysis of law is a paradigm that applies the economic analysis to explain, predict and prescribe the legal system. Richard Posner builds his positive and normative theory of the common law upon the concept of economic efficiency under stood as wealth maximization. The axiological question of whether efficiency could be considered a value was disputed by Ronald Dworkin and Richard Posner in the eighties of the twentieth century. The content of this dissertation consists, first, in an introduction to the economic analysis of law as the dominant paradigm of the American legal system. Second, there is an interpretation of the concepts and ideas used within the theoretical-normative debate between Ronald Dworkin and Richard Posner. Finally, and from a different paradigm as that of the Austrian School of economics, it is used the entrepreneurship theory and the dynamic efficiency theory to compose an approximation towards this debate through three complementary dimensions: historical-evolutionary, theoretical-economical and objective-ethical. .