Journal of Catholic Legal Studies

Utility, the Good and Civic Happiness: A Catholic Critique of Law and Economics

By: Mark A. Sargent

Mark Sargent focuses the lens of “Catholic jurisprudence” on a topic less obviously connected to Catholicism: law and economics. Sargent joins issue with Stephen Bainbridge, a noted Catholic law and economics scholar, who has argued that law and economics “possesses a deep affinity, or at least consistency with the Catholic world view.” In contrast to Bainbridge, Sargent argues that the value-neutrality at the core of law and economics limits its prescriptive worth.  Sargent proposes an alternative Catholic-inspired vision of the law that focuses less on maximizing individual choice and more on the relational virtues that can build the common good and provide a richer conception of “happiness.”