O debate Dworkin-Posner: igualdade x liberdade

Abstract

The objective of this work was to delimit the debate that took place between Posner and Dworkin, considering its relevance to the area of ​​economic analysis of law, using as methodology a bibliographic research with the deductive method. The concept of transaction costs is presented as a structuring of the premises of economic analysis of law as well as its research agenda. Dworkin was perhaps the most ardent critic of this approach and Posner was his target as well as it was up to Posner to respond to the attacks and counterattack Dworkin's moral philosophy. This debate seems to have resulted in a significant change in the field as the economic analysis of the law becomes a tool at the disposal of the judge and no longer an orientation of how to judge as defended Posner. On the other hand, Posner makes strong criticisms of idea of ​​applying general principles to concrete cases and argues that this kind of moral activism obscures the best solution to a case that could be hit by through the legal pragmatism that he would seek in the relation of facts and their consequences the unraveling of the question