Pragmatismo em Filosofia, Realismo em Direito e o Duplo Assalto à Economia Política Clássica: as bases do First Law and Economics Movement na Progressive Era Americana (1880-1930)

Abstract

This essay aims to discuss the so-called First Law and Economics Movement, linked to the American Progressive Era, whose design allowed a paradigmatic rupture in the american legal practice. Lawyers and economists have joined together to unravel by one hand, the positions assumed by the distinctly economistic U.S. Supreme Court in the early twentieth century, based on laissez-faire and justified, contrary sense, as mere formalists; on the other hand, sought to propose interaction of both disciplines (law and economics) to enhance the consideration of historical and social aspects of judicial decisions and, therefore, open for the discussion of the possibility of redefining the economic fundamentals of the general welfare of society. In this sense, it welcomes, therefore, the existence of an economic movement of the law, linked with the progressists and clearly earlier from that started in the 60s of the twentieth century by the University of Chicago. (English) [ABSTRACT FROM AUTHOR]