A positive theory of common law,in which the positions of the courts are predicted based on the assumption that they are attempting to promote efficiency,is proposed by

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A positive theory of common law, based on the assumption that courts are attempting to promote efficiency, was proposed by Richard Posner. This theory is known as the law and economics approach, which seeks to analyze legal rules and decisions in terms of the economic consequences they produce. While other scholars like Pigou, Coase, and Epstein have contributed to the development of law and economics, Posner is best known for his work in this area.

A Positive Theory of Common Law,in Which the Positions of the Courts