Pure eclecticism—The tool kit of the constitutional economist

It is claimed here that the epistemics of constitutional economics has hitherto at best played a minor role but that dwelling on the epistemics might prove useful to understand why the positive branch of constitutional economics is not as far advanced as its normative counterpart. Four possible methods-namely comparative institutional analysis, economic history, conjectural history, and laboratory experiments-are analyzed with regard to their epistemic potential. It is hypothesized that conjectural history promises only little potential while the other three methods can be used to complement each other.     

Tullock on the common law: a loose-cannon iconoclast in action?

Gordon Tullock has been celebrated as an innovative thinker in many areas of public choice. He was also among the first to analyze the law based on the economic approach, yet, his contributions to Law and Economics have been met with skepticism or even outright ignorance. In this paper, I focus on Tullock’s papers dealing with the common law and argue that they contain important insights that have been ignored in the debate regarding legal origins.