Authors

D. HardinFollow

Document Type

Working Paper

Publication Date

1-21-2008

SSRN Discipline

Economics Research Network; Legal Scholarship Network; Law School Research Papers - Legal Studies; Law School Research Papers - Public Law & Legal Theory; Financial Economics Network

Abstract

This paper attempts to answer the question of why legal academics devote such substantial time and effort to the study of costbenefit analysis This question merits attention because legal academics have been increasingly focused on the technical political and legal difficulties incident to regulatory cost benefit analysis since President Ronald Regan issued Executive Order 12291 perhaps as this project suggests to an unmerited extent The paper first provides background and context by offering a brief history of the rise of costbenefit analysis in regulatory administration drawing on historical antecedents and relevant political pressures for understanding Second it explores how costbenefit analysis scholarship developed in the legal academy focusing on the pioneering personalities and their exemplary works both before and after 1981 Finally the paper delves into the principle questions why costbenefit scholarship receives so much perhaps unjustified academic treatment and why that treatment developed as it did In presenting answers this Part draws on economics sociology evolutionary biology jurisprudence and some other more casual observations Furthermore in drawing conclusions regarding this inquiry Part IV adopts an analytical framework focused on three factors pertinent to the development of costbenefit analysis scholarship 1 the attributes of costbenefit analysis as an idea 2 the reciprocal transmittersreceivers of the idea ie legal academics and 3 the environment in which both operate

Download

Share

COinS