Publication Date

Summer 2003

Journal

Yale Journal of Law & the Humanities

Abstract

The article challenges the commensurability debate, arguing that the opposition between commensurability and incommensurability is not a resolvable conflict but a necessary paradox rooted in human subjectivity and symbolic thought. Drawing on the philosophical traditions of Kant, Hegel, and Lacan, the analysis posits that both quantitative and qualitative aspects are essential in legal and economic decision-making, emphasizing the need to manage rather than resolve this paradox. The speculative approach suggests that rationality involves acknowledging and navigating this duality, rather than adhering to one side of the debate.

Volume

15

Issue

2

First Page

347

Last Page

394

Publisher

Yale Law School

Disciplines

Antitrust and Trade Regulation | Law | Law and Economics

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