TO WHAT EXTENT DID EUROPEAN LEGAL THEORY PAVE THE WAY FOR AN ECONOMIC ANALYSIS OF LAW? INSIGHTS FROM KELSEN, HART AND DEL VECCHIO

The transatlantic divide in the reception of law and economics is difficult to explain. Many factors have been mentioned without perfect success. The influence of legal theory has been unfortunately omitted. This article will show that European legal theory largely paved the way for an economic analysis of law through the clarification of legal language, EAL is certainly excluded as a theory of law, but it is recognized as a theory about law. Moreover, EAL through the lens of European legal theory is in part redefined.