This paper presents a systematic analysis of the theory of law "as claim" through a critical review of Bruno Leoni's work. I argue that this philosophical theory provides a useful methodological framework for the analysis of law-making processes. I also demonstrate how Leoni's critique of...

In this paper I attempt to reconstruct and scrutinize the long lasting debate on economic efficiency as a legal concern, and to show that the prevailing idea of economic efficiency - which is exclusively referring to the contents of legal rules as disconnected from the features of the lawmaking...

Since Bhasin v. Hyrnew, approaches to good faith in Canadian law can be grouped into two broad categories: restrained and expansionist. Restrained approaches attempt to read and contain Bhasin within the narrow scope traditionally attributed to good faith in the Anglo-Canadian common law...

This article examines James Buchanan's conception of lawmaking, with specific respect to the institutional features he proposes in order to promote individual liberty. Buchanan's constitutional framework is based on his perception of the nature of lawmaking and the sources of law. This paper...