Mathematics is used at least to some extent in every research field. In legal scholarship it was the law and economics movement that made mainstream a large-scale use of mathematics. Law and economics, however, is premised on the idea of methodological individualism, which asserts that social systems should be understood only in terms of their most basic components: individuals. This assumption should strike any legal scholar as unrealistic. Social structures and the patterns of interconnections among individuals have a clear influence on how people behave and respond to legal rules; ultimately, they shape the society in which we live. Thus, any framework that aims at studying the law should be able to rigorously account for these social structures and the patterns of interconnections among individuals. Network theory does just that, and this is why legal scholars should study network theory.
Why legal scholars should study network theory
Passador, Maria Lucia;Romano, Alessandro
2021
Abstract
Mathematics is used at least to some extent in every research field. In legal scholarship it was the law and economics movement that made mainstream a large-scale use of mathematics. Law and economics, however, is premised on the idea of methodological individualism, which asserts that social systems should be understood only in terms of their most basic components: individuals. This assumption should strike any legal scholar as unrealistic. Social structures and the patterns of interconnections among individuals have a clear influence on how people behave and respond to legal rules; ultimately, they shape the society in which we live. Thus, any framework that aims at studying the law should be able to rigorously account for these social structures and the patterns of interconnections among individuals. Network theory does just that, and this is why legal scholars should study network theory.
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