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American Law and Economics Review Advance Access originally published online on June 4, 2007
American Law and Economics Review 2007 9(1):30-47; doi:10.1093/aler/ahm008
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Copyright © The Author 2007. Published by Oxford University Press on behalf of the American Law and Economics Association.

Sidgwick's Utilitarian Analysis of Law: A Bridge from Bentham to Becker?

Steven G. Medema

Department of Economics, University of Colorado at Denver

Send correspondence to: Steven G. Medema Department of Economics, University of Colorado at Denver, Campus Box 181, Denver, CO 80217-3364, USA.; E-mail: steven.medema{at}cudenver.edu


  Abstract

Jeremy Bentham's utilitarian analysis of crime and punishment is regularly characterized as an inspiration for the economic analysis of law, whereas Henry Sidgwick has been all but ignored in the discussions of the history of law and economics. Sidgwick is well known as the godfather of Cambridge welfare economics. Yet, as we will show, his utilitarian analysis of issues in property, contract, tort, and, criminal law reflects themes now associated with the Chicago approach and advances on Bentham in multiple ways—including through the use of marginal analysis—making him a bridge on the road from Bentham to Becker.

The author thanks Richard Posner, Alain Marciano, and workshop participants at the University of Reims Champagne-Ardenne for instructive comments on an earlier draft of the article.


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