The Stages of the “Italian Style” in Law and Economics. Origins, Evolutions and Latest Developments

This Chapter summarizes and critically discusses the key stages of the “Law & Economics” scholarship in Italy. It aims to provide a comprehensive panorama of the trajectory L&E has followed in Italy over the last 60 years. This Chapter is structured into three conceptual parts: origins (1960–1970), evolutions (1970–2000) and latest developments (2000 -). After contrasting the L&E approach with the traditional legal method that dominated in Italy and Europe before the 1960s, the analysis touches upon the contribution of Pietro Trimarchi—unanimously regarded as the father of Italian L&E. It then elucidates the consolidation of L&E, particularly in the field of tort law (driven, among other factors, by the influence of Guido Calabresi), and the emergence of the “Social” moment in the Italian academia, between the 1970s and 1980s, with particular reference to property rights and the concept of commons. Finally, the Chapter considers contemporary critical perspectives (such as the “Comparative Law & Economics” project), explores the latest lines of research, outside the traditional domain of Private Law, and briefly describes the innovative trends and themes gaining prominence (such as Behavioural L&E). Methodologically, this Chapter situates each period within its specific historical and ideological background and considers the work and impact of prominent Italian legal scholars who have contributed most to this field.