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The essential features of economic modeling include adopting simplifying assumptions about the examined problem, applying mathematical optimization theory to derive testable hypotheses and conclusions, and empirically testing these hypotheses against data to evaluate the relevance of the model to the real world. This method of modeling has been the dominant paradigm in economics since the early years of the twentieth century when practitioners of the discipline began to aspire to practice economic analysis as a “positive science” of human behavior. They hoped to work in a manner analogous to the way researchers practiced the “hard sciences” of physics, chemistry, and biology as positive sciences of the physical world. Just as the hard sciences predicted the movement of the planets or chemical or biological reactions, so too would economists construct positive models that would predict human behavior.

Economic modeling differs from the traditional modeling methods of most other social sciences in that it is “deductive,” moving from assumptions and hypotheses to data, rather than “inductive,” moving from observed phenomena to explanatory theory. Economic modeling is mathematical and often relies on a standard set of assumptions known as the neoclassical model, which other disciplines do not commonly accept and which is sometimes inimical to the questions they consider.

As researchers apply economic analysis to an everbroader array of human phenomena, including legal problems, economists have come to work with models that relax some of the assumptions of the neoclassical model and that may borrow insights from the work of other disciplines. Accordingly, scholars do some of the most interesting work in the economic analysis of law today in the fields of “law and socioeconomics” or “law and behavioral economics.” Economic analysis has influenced other social sciences as mathematical models and the assumption of individual rational choice have recently entered the work of sociologists and political scientists.

Neoclassical Assumptions

The neoclassical model has played a particularly important role in economic analysis and the law and economics movement to date. This model consists of the assumptions that the appropriate unit of analysis is the individual actor or firm, individuals and firms rationally choose among their opportunities according to their preferences to maximize utility or profits, individual preferences are exogenously determined, and information and transaction costs are zero. Economists have a simple but well-defined notion of rationality, assuming that people's preferences are complete, reflexive, and transitive over all relevant opportunities and that the person always chooses the available opportunity that is most preferred. Economists commonly refer to the assumption of costless information as “perfect information,” while the assumption of no transaction costs is stated as “zero transaction costs.”

The assumptions of the neoclassical model have established their dominance in the discipline because they produce models that are mathematically tractable and that have proved useful in analyzing simple market phenomena. However, these assumptions are clearly unrealistic and economists commonly try to relax them where they hide important features of the examined problem. For example, there is an extensive economic literature concerning the effects of imperfect information and positive transaction costs, illustrated by Oliver Williamson and Scott Masten's two volumes of readings. The neoclassical model also assumes away some questions expressly examined by other disciplines, including whether the individual is the appropriate unit of analysis, what factors are important in the formation of individual preferences or a person's “socialization,” and what is the exact form or nature of human rationality. Economists have also sought to relax these neoclassical assumptions where these aspects of human behavior have proved important in explaining the examined phenomena.

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