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Volume8
MonthNovember
Year2006
TitleRichard Posner Meets Reb Chaim of Brisk: A Comparative Study in the Founding of Intellectual Legal Movements
Author(s)Samuel J. Levine
First Page95
AbstractThis Essay aims to examine some of the common elements of law and economics and the Brisker method that have contributed to their success as intellectual movements. Toward that end, the Essay compares the founding principles of these movements, exploring similarities in their essential characteristics. Part I presents and analyzes representative examples of the conceptual approach underlying each of these methods. Drawing on these and other examples of each method, Part II observes that the success of the methods stems in part from their common reliance on historical antecedents as well as their emphasis on conceptual frameworks broadly applicable within the legal systems they analyze. Building on these observations, Part III suggests that as a result of these characteristics, the two methods have gained a somewhat similar place of prominence in their respective legal systems, while at the same time facing similar criticisms. Finally, the Essay concludes with a cautious evaluation of similarities that exist in the present and future state of law and economics and the Brisker method.