Hofstra Law Review Volume 8 | Issue 3 Article 6 1980 A Guide to the Perplexed Claims of Efficiency in the Law Lewis A. Kornhauser Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Recommended Citation Kornhauser, Lewis A. (1980) "A Guide to the Perplexed Claims of Efficiency in the Law," Hofstra Law Review: Vol. 8: Iss. 3, Article 6. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol8/iss3/6 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact
[email protected]. Kornhauser: A Guide to the Perplexed Claims of Efficiency in the Law A GUIDE TO THE PERPLEXED CLAIMS OF EFFICIENCY IN THE LAW Lewis A. Kornhauser* "The truth is rarely pure, and never simple."' Some scholars of law and economics have advanced a bold theory that transforms the study of law from a complex, hydra- headed investigation of fact and value into a straight-forward appli- cation of two "simple" hypotheses: (i) the law should be efficient (the normative claim) and (ii) the law is in fact efficient (the de- scriptive claim).2 This Article argues that the simplicity of these two claims is deceptive. While the normative claim reduces to only two variants, the premises supporting them are controversial. The descriptive claim suffers from greater ambiguity: A wide variety of senses may be attributed to the term "efficiency" and the rule may be efficient relative to only one of a diverse set of alternative rules in possible contexts.