Law as Science 2022

Law and Economics Roundtable -  Latin  American  Perspectives

The panel will develop some interesting research in the continuously evolving field of law and economics with a specific focus on Latin America. Professors Rubén Méndez and Juan Martín Morando will provide an account of the project “Interactions between Informality and employment Quality in Argentina, Chile, and Colombia: An Ius Economic Analysis,” examining the situation of the informal market and the quality of employment in a jus-economic perspective (tool) and “institutional coordination” as a theoretical model. This project uses the contributions of the Legal Theory, the Neo Institutional Economy (Coasean), and the “developmentalist” theses of the legalistic approach to economic development (which has the famous economist Hernando de Soto among its main representatives). By representing the legal as an “infinitely variable” cultural asset, the case study, forensic methodology, and hypothetical-deductive analysis are used as “Methodological Core.” Therefore, the economic approach is assumed as a complementary and correlated instrument with the legal approach as there is a need to illustrate the advantages of strengthening the institutional framework in the workplace and identify and characterize its main weaknesses.

Moreover, Prof. Dr. Ivo Gico will present an overview of “Agent-Based Modeling and the Future of Law & Economics” by discussing the methodological limitation of traditional law & economics when dealing with complex systems like the market, society, or the legal order itself and how the agent-based modeling approach is used to explore unpredictable emerging behavior or models with heterogeneous agents.

Panelists

  • Juan Martín Morando, M.A., LL.M., J.D.

    Labor Law judge – Tribunal N.1 – General San Martin (Buenos Aires Argentina)

    Adjunct Professor at the Universidad Argentina de la Empresa y Universidad de Palermo (Argentina)

  • Rubén Méndez Reátegui, LLM, MA, MSC, PhD, DSc

    Professor at the Universidad Autónoma de Chile

    Visiting Professor at the Universidad Tecnológica del Perú and Universidad Externado de Colombia

  • Ivo T. Gico Jr., Ph.D., LL.M.

    Professor at the University Center of Brasília (UniCEUB)

WATCH

  • Seeing Global Value Chains Through a Law and Political Economy Lens

    Ioannis Kampourakis

    (Erasmus University Rotterdam)

    This lecture will use the law and political economy methodology to explore current forms of governance and regulation in Global Value Chains. After unpacking the methodological dimension of ‘law and political economy, the speaker will explore the constitutive role of national and international law in the global political economy and will critically assess recent attempts to regulate extraterritorial corporate activity for purposes of sustainability.

  • A Critical Race Theory of Global Colorblindness

    Michelle Christian

    (University of Tennessee, Knoxville)

    In this talk I will address the components to a Critical Race Theory of Global Colorblindness (CRTGC). A CRTGC combines Critical Race Theory precepts within critical international law, world-systems sociological insights, and racial ideology conceptualizations.

    I conceptualize a CRTGC as:

    (1) predicated on racist erasure; (2) produced through a global racial paradigm of colorblindness and politiculture of neoliberalism: (3) embodying multiscale racial interactions that create complex, varying colorblind politicultures but (4) reflects a stable global racial architecture; and (5) is anchored by the authority of white racial knowledge and the performance of racial ignorance.

    With that, I elaborate six colorblind politicultures across the globe: post-racialism, multiculturalism, mestizaje and racial democracy, ethnic dominance, 'predicament of Blackness,' and conservative right. An investigation into global colorblindness unearths how colorblind discursive and material forms travel, land, and maneuver in every region and country across the globe.

    Watch Lecture

  • Measuring Social Welfare, with Priority for the Worse Off

    Matthew Adler

    (Duke Law School)

    The social welfare function (SWF) framework is a powerful tool for evaluating governmental policies in light of human well-being. It represents a major step beyond cost-benefit analysis, currently the dominant policy-assessment tool. While cost-benefit analysis quantifies well-being impacts in monetary units, the SWF framework does so using an interpersonally comparable well-being measure.

    The SWF proper is a rule for ranking outcomes and policies understood as patterns of individual well-being. “Prioritarian” SWFs give extra weight to well-being changes affecting individuals at lower levels of well-being—by contrast with utilitarianism, which simply adds up well-being numbers.

    Measuring Social Welfare (OUP 2019) provides a rigorous but accessible overview and defense of the SWF framework. In this talk, I will discuss Measuring Social Welfare, with a particular focus on prioritarianism.

    Watch Lecture