On the importance of an interdisciplinary approach: a discussion between R. Posner and R. Dworkin

Abstract

This article discusses the views of two famous American legal scholars on an interdisciplinary approach to the study of theoretical and practical problems of jurisprudence. The focus of Posner and Dworkin was on the “economic analysis of law”, i.e. applicability of the extension of the postulates of neoclassical economics to legal phenomena. At the same time, these researchers also addressed the general problems of interdisciplinary studies of law. The article states that both Americans agreed on the law, which was associated primarily with the interpretation of judges, but for Posner its basis is economics (and economic efficiency), and for Dworkin - moral philosophy (and moral requirements). As a result, the first assumed the transformation of judges almost into economists, and the second into philosophers. It is noted that with some extremeness in the position of the parties, the point of view of Dworkin and his supporters on this issue seems more preferable. According to it, with a certain bias towards moral philosophy, the importance of the interaction of law with economics, as well as history, sociology, psychology, was not denied, and man was recognized in all the diversity of his manifestations, both rational and irrational. Posner based his theoretical constructions on the model of “economic man,” whose main task is to maximize his profit, which makes it extremely primitive and unrealistic. However, relying on it, the judge must imitate the market and determine the most beneficial solutions for increasing the economic wealth of society. All other manifestations of interdisciplinary approaches are of a subordinate nature.