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The so-called efficient breach: a Marxist critique to Law and Economics

Abstract

The article examines the so-called efficient breach theory, a formulation located in Law and Economics field. It extracts from the analysis of selected texts by Coase, Birmingham and Posner that there is something convergent between this theory and the Marxist critique of law, especially with regard to the perception of the non-normative character of the legal phenomenon. The proposal, in short, consists of confronting these two perspectives.

Keywords:
Marxist critique of law; Law and Economics; Violation of law

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