New paper addresses legal analyses of monetary policy

February 8, 2017

A new paper by M. F. de Castro, which discusses legal analyses of monetary policy and its cross-border impacts, was recently published. The title of the paper is: “Monetary impacts and currency wars: a blind spot in the discourse about Transnational Legal Orders” (Revista Brasileira de Política Internacional 60(1): e006, 2017).


The paper focuses on the so-called “currency war” decried by the Brazilian government in 2010-2013 and takes it as an opportunity to describe some limitations of the international law approach called the Theory of Transnational Legal Orders (or TLO theory) with respect to its ability to adequately address cross-border monetary impacts.

The abstract of the paper is as follows:

Read the rest of this entry »

Trabalho de pesquisadora do GDES recebe distinção

September 9, 2016
Bruna V. de Carvalho Kerth, que integra o GDES, desenvolvendo pesquisa sobre direito do trabalho (ver amostra aqui), participou do 6º Encontro de Pesquisa Empírica em Direito (6º EPED), promovido pela Rede de Pesquisa Empírica em Direito (REED). O evento foi realizado nos dias 31-ago a 02-set 2016 no Centro Universitário La Salle (UNILASALLE).
Bruna apresentou o trabalho “Regulamentação Trabalhista: identificando pontos de convergência” no GT 12 – Direito e Economia, coordenado pelos professores Luciana Luk-Tai Yeung (Insper) e Diogo R. Coutinho (USP). 

Da esq. para a dir.: Diogo Coutinho, Bruna Kerth, Luciana Yeung

O trabalho da Bruna, que é embasado na AJPE e fruto das discussões do GDES, foi selecionado como o melhor do GT Direito e Economia, tendo sido elogiado também durante a sessão em que foi apresentado.
Os membros do GDES parabenizam a Bruna por sua realização e pela merecida distinção obtida no 6º EPED.

Quantities and math in law: new discussions

August 5, 2016

A new paper by Marcus Faro de Castro (“From Numbers to Post-Logocentric Normative Craft : On the Use of Indicators and Comparable Constructs in Contemporary Legal Analysis”) was presented at the 3rd ISA Forum of Sociology organized by the International Sociological Association (ISA). The event took place on July 10-14, 2016 in Vienna, Austria, at the University of Vienna.

The abstract of the paper is as follows:

The use of indicators for several purposes, including policy design and diffusion, has drawn attention from international organizations and legal scholars in recent years. Indicators are often seen as elements that make up “technical” (as opposed to “legal”) norms, and also as devices that link ISAConf 2016 - Present(pic7)“scientific laws” to legal rules. One strand of argument explores the idea that law in some contexts has become subject to the influence of a “mathematical turn” coming from within “neoclassical” economics. The paper articulates some ideas about how legal criticism can be worked into the use indicators in contemporary legal analysis. The paper thus discusses, in stylized form, relevant relationships between law, taken as a social practice, and specialized means by which legal craft has sought to move “beyond” commonplace moralities of received worldviews. The paper suggests that, while rhetoric remained more linked to the development of political (not jural) ideas, the direct use
by jurists of dialectics, philology, history and the “emulated” use of mathematics (law more geometrico) have offered pathways for legal craft to attempt overcoming established moralities. The rise of statistics and accounting techniques has tended to occur within the bounds of the rationalist idea of a mathesis universalis. Yet, despite all these transitions, the question must be asked how far legal craft has remained a means to actuate the exercise power (thus keeping its role as logocentric craft, to use the language of Derrida). The paper finally suggests that the modernist transformation of mathematics — which paralleled the rise of modernist trends in art and aesthetics — and the emergence of computer technology and the internet have the potential of unleashing a process by which social coordination can be made to move beyond markets (as characterized by neoclassical economics) and become embedded into law revamped as a post-logocentric normative craft.

Other papers presented in the same panel were: Read the rest of this entry »

New Paper Applies the Legal Analysis of Economic Policy to Broadband Regulation

May 14, 2016

M. F. de Castro and D. K. Fontes just published a paper (“Some New Ideas on the Role of Legal Analysis Applied to the Regulation of Telecommunications Services in Brazil”) in the Journal of Law and Regulation / Revista de Direito Setorial e Regulatório Vol 2, No 1 (2016). The journal is published by the University of Brasilia School of Law Center on Law and Regulation (link).

The paper describes new ideas and analytical approaches by which public policies can be analized and reformed with the aid of law.

The abstract of the paper reads: Read the rest of this entry »

With an eye towards understanding recent developments in legal analysis, paper discusses institutionalist approaches to economic matters (in Portuguese)

March 27, 2015

[this is a free translation by Hugo Pena – to read the original post in Portuguese, click here]

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A few months ago, Hugo Pena and Marcio Valadares published a paper titled “Contemporary legal instances in the institutionalist literature on development” (available in Portuguese only – link here). The work is a contribution by two researchers of the LESG in which they explore the issue of how to intellectually frame relations between law and economics given the present context of fierce contestation of economic “orthodoxy’.

In the past, “old-institutionalist” discussions by Veblen, Commons and Mitchell, and also concerns typical of the “Historical School” and G.F. List, have stirred debates about economic issues and institutions. However, in the first decades of the 20th century the interest in institutions waned among scholars leading the trend towards the formation of the so-called “science” of economics and its typical “neo-classical” orientation. The set of notions about economic matters presented by the “neo-classical” approach became hegemonic both in the academic and professionals spheres, stemming from a process that evolved steadily since Alfred Marshall founded the school of the “Cambridge Neo-Classicals”.

Curiously enough, since the 1950s and 1960s, the focus on “institutions”, historically understood, gained ground in economic studies, though initially relying heavily on a combination of neo-classical price theory with statistics and econometrics, as proposed by Cliometrics. It was from this point onwards that the contrast between the “old” and the “new” institutionalisms became relevant in the study of economic issues.  Moreover, “new” institutionalism itself was later split in two perspectives: one being more historical in character (a field that was largely developed – and became dominated – by the works of D. North and his collaborators); another, which has developed its research around the notion of “transaction costs” (and here the works of O. Williamson, who has proposed to overcome what he sees as limitations of R. Coase’s approach, have been used to frame much of the debate).

Recently, many other authors, including E. ReinertHa-Joon Chang and D. Acemoglu, out of a variety of influences, have also brought the concern with institutions to the center of debates about economic issues. To these developments may be added ideas of political scientists working on the boundary between their discipline and economics, while adopting diverse assumptions.

This is certainly the larger background of the discussions, analyses and interpretations offered by

Read the rest of this entry »

The SPI may be useful — if handled with care

April 16, 2014

[Click here to read this post in Portuguese]

Hugo Pena, a doctoral student of the Graduate Program of the University of Brasília Law School, and a member of the LESG, offers his views on how the “Social Progress Index” can be useful to those working in the perspective of the Legal Analysis of Economic Policy.

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The Social Progress Index

By Hugo Pena

In this post I offer a short assessment of the “Social Progess Index” (SPI) and try to highlight how it may be useful (or may be a shortcoming) to legal scholars interested in the LAEP approach to legal analysis.

The LAEP approach proposes a rights-in-fruition analytical perspective. One of its analytic tools for evaluating public policy is positional analysis (see here, p. 13-18 [updated link here]), which involves decomposing rights into observable, measurable components. In both aspects, lawyers using LAEP might profit from a glance at the “Social Progress Index” (SPI) website. But the use of the SPI may also have some pitfalls.

Rights-in-fruition. Instead of measuring social progress through public expenditure in education, health or housing – regarded as “inputs” – the SPI favors “outputs”. For instance, “access to basic knowledge” is measured through adult literacy rate, primary, secondary and upper school enrollment, as well as gender parity in secondary enrollment. Countries are thus ranked in their performance in education not according to how much they spend, not even by what percentage of the budget they commit to it, but by observed results. Therefore, SPI data may be useful to legal scholars working under the LAEP approach.

Decomposing rights fruition into indicators. The SPI website might also be an inspiration for LAEP lawyers seeking ways to measure Read the rest of this entry »

Research proposals discussed by the LESG

February 23, 2013

(Click here to read this post in Portuguese)

During the second semester of academic year 2012, several research proposals were debated by the Law, Economy and Society Group (LESG) of the University of Brasília. Most proposals were presented and discussed in short seminars. Below are the (provisional) titles of some of such proposals followed by the names of researchers involved in developing them.

Credit Allocation to Small and Medium Enterprises in Brazil
(Marcio Valadares, Marcus P. Rosa)
The Growth of Private Pension Plans [in Brazil] in Light of the Legal Analysis of Economic Policy*
(Danilo R. M. Martins)
Inequality, Federalism, and the Right to Basic Health Care [in the Federal District Region]
(Alberio Lima, Elaine Xiol, Paulo S. Sampaio)
The Impact of Tax Incentives on the Price of Electrical Energy Considered in the LAEP Perspective: The Case of Electrical Energy Distribution Companies in the North and North-East Regions of Brazil
(Gustavo Pereira, Júlio Borges)
The Right to Real Wage Stability: Inflation and Wage Setting in Collective Bargaining Agreements of Read the rest of this entry »