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Virtues and Economics
In an appropriation of jurisprudence away from moral philosophy in the name of advancing positive science, the economic analysis of law repudiates judicial responsibility in regard to human freedom and rights. I argue that the moral freedom and responsibility presupposed by a system of legal rights should not be eclipsed by narrow causal determinism but instead upheld by proper judicial discernment of wider temporally balanced structures of legal rights within such a system. Indeed, this isdoi:10.1007/978-3-030-52673-3_13 fatcat:bzl7zko5zbcllkestzj6yzclpy