The Impact of Quantitative Argumentation in Legal Discourse
22 Pages Posted: 4 Nov 2001
Date Written: November 16, 2001
Abstract
Mathematical models and law & economics have proliferated in the legal academy. This article studies the impact of legal articles that use an economic methodology. Courts are not averse to citing quantitative articles. The narrowly argued structure of economic argumentation of refereed journals, however, prevents those articles from being cited extensively because courts prefer to cite articles with broad, encyclopedic argumentation. The insistence of faculty-refereed journals on narrowly argued, high-level-of-proof argumentation undermines the impact of economic analysis of law.
Keywords: publication, referee, refereeing, citation analysis
JEL Classification: K00, K49
Suggested Citation: Suggested Citation