Over the last half-century, the economic approach to law (or “law
and economics”) has become the most successful instance of “economic
imperialism,” the extension of the neoclassical economic
paradigm to other fields of study. Given the shortcomings of that
paradigm, however, law-and-economics misses much of the complexity
of human choice and the ethical nature of the law that cannot
be captured in terms of utility and efficiency alone. Social economics,
on the other hand, emphasizes the importance of ethical values
to economic theory, practice, and policy, but to date it has engaged
very little with the law. Perhaps this is due to an antipathy to the
economic imperialism of mainstream law-and-economics. After all,
social economists tend to be methodological pluralists that respect
the contributions and insights of other disciplines. But we do not
have to “co-opt” the law in order to apply social economics thinking
to problems involving the law or to incorporate legal aspects of the
economy and society into our work. By its very nature, law is a social
enterprise concerned with values such as justice, dignity, and equality,
as well as efficiency—which is how social economists conceive of
the economy itself. The economy and the law work together within
a society to influence economic behavior and outcomes, and social
economists need to acknowledge this interrelationship if we hope to
understand the broader nature of the social economy we study.