"Australia rabbit"--the rise of legal economics and development
Article extraction: the law economics with an economic theories and methods of the legal issues a new frontier disciplines. Its in just a few decades, especially in the United States in the west is rapidly developing, and was introduced into China. On one hand should see it legal economics of the research methods and the novelty of the perspective and unique; But on the other hand also can't one-sided exaggerated its role, will be the law of economic.
Keywords: legal economics benefit resource allocation legal realism movement law of economic law the economic values of the quantitative analysis of the advance analysis
In 70 s, a new marginal, cross subject "legal economics", as a new law schools, start into the traditional law schools in the community, and because of the Angle of the novel, the method and the actual use of the unique value, more and more conspicuous, the influence is expanding constantly, in the legal science in the west in particular legal status field is increasing day by day. Legal economics has become a new discipline, many universities become the important lessons, and have their own special academic journals and the relevant academic research institutions. This article attempts from the legal economics of the basic concepts, the current research status and development track of its make a simple introduction, and briefly to this article.
A, the basic concept of legal economics:
The so-called legal economics, which is the economics of the concept and method to study the legal problems discipline. In western especially in America, it is generally refer to this as the "law and economics". For example, this theory in The field of The most authoritative, representative of The publication is named as "Journal of Law and Economics" (The Journal of Law and Economics). The famous legal economists posner called it "the law of economic analysis"; In addition, the subjects and some of the same name, such as "law of economics research", "economic analysis law", etc. In a word, it is a language by law and economics into each other mutual infiltration and a new study.
Legal economics is the economics theory and method to study the growth of law, structure, efficiency and innovation of the theory, the core idea is "benefit". Any law that required the formulation and implementation of all be helpful for the allocation of resources and urge its benefit maximization, in the most effective use of resources, maximize social wealth. It almost involves the department of all fields, both the civil law, economic law, including the constitution, the criminal law, and administrative law, etc. The study aimed to establish explains the law phenomenon and the reality of the new methodology structure system, from the value of law to provide basic theory to specific legal system analysis tool, it can be used to service in the whole legal system, including economic legal system transformation and perfect. [1]
Second, the development track of the legal economics and research status:
Economic analysis of law of the thought from the beginning. The ancient Greek Plato's "dream land" in the "law article", Aristotle's "the politics of have the economic concept analysis with the rule of law thought. To the middle of the nineteenth century, Marx founded the historical materialism. Horse thinks, "whether the political legislation or citizens, are just shows that the legislation to record and economic relationship just." [2] "the relationship between the state of law as forms, neither from itself to understand, also can't from the so-called human spirit to understand the general development; on the contrary, they root in material life relations." [3] in the das capital, Marx is widely deals with the law and economy of the dialectical relationship between. Therefore, one called the marxist theory of law "of economics of jurisprudence".
And the real law and economics with began in the early s at the end of the s. It was a serious economic crisis caused by social economic order to severe shock law at this time to pale, weak and incompetent, encourage people to seek new legal model. This we must require change the traditional law research contents, change pure logic reasoning type legal deduction and the inductive method, and the rise in the us legal realism movement. People began to include the economic law and related disciplines, combination, so as to be able to have the emergence of the social phenomena are reasonable explanation. In this context, the university of Chicago law school curriculum reform of the brewing, economics starts to become law school in formal curriculum, Chicago also gain "legal economics mecca" reputation. In 1958, Chicago method, professor of economics institute aron? Di lecktor (Aron Director) established the law of economics and the most authoritative and the representative of the school's development have a great role in promoting academic journal-" the law and economics magazine, and the magazine to promote the further development of legal economics, have played an irreplaceable role.
But until the early s, before the century, legal economics is limited to analysis the antitrust laws, a few other government control of economic written regulations, known as a "old" law and economics. [4] in the early s, senior fellow at the institute for cheese supreme coase (1991 Nobel economic prize winner) of the problem of social cost and kura cloth of grace "about risk distribution and tort law some ideas of" the two essays published to the changing that situation, is considered to be opened up a "new" law and economics of broad areas. By the seventy s, is the further development of economics and gradually mature period, the main sign is the supreme cheese college. Richard a. posner (Richard. A.p osner) of the law of economic analysis of the publication of the book. The book later reprinted many times, to become law in the history of classical economics works. In the book, the wave of legal economics on the theory of this paper systematically, and almost all of the department of areas for the economic analysis. So far, the law economics as a new law schools, and finally, with its complete theoretical system and special research methods and to the social life of the influence of the into mature, and to be accepted by people.
Legal economics in its short decades as is "Australia rabbit", in the "knowledge ecology" found in a vacuum, and with amazing speed to fill the gaps in it, its development and achievements by the people more and more attention. The study of the theory of the legal economics growing prosperity and thorough, the influence of the legal economics is growing, as a newly emerged cross discipline already by the original "shifting," to enter the "spring scenery garden", more and more law school and business school opened the "law and economics" course, relevant works were published, and the academic journals increase, in addition to the original "law and economics magazine outside, and founded the law and economics research", and "the law and economics review", "law, economics and organization journal, law and economics international review and publication. Legal economics also means not just of academic study of "boudoir", and began to penetrate to the judicial activities and judicial impact. As in William v, a case of Richard eng, the judge in order to support their own judgment, "in the ruling will average variable cost and marginal cost curve and the relevant them together with the practice of predatory pricing to determine the relationship between the discussion also included". [5] (5) in the government of the United States of America v carol tug case of company, the judge han DE (Learned Hand) put forward the famous idea of han DE formula: B < PL, that the only potential damage caused in the future of the accident prevention cost less than expected the possibility of accident loss of accident by expected when he was negative negligence tort liability. [6] the legal economics was born in the United States, but its rapid spread in different countries has become an internationally influential law schools. In our country, in recent years, the combination of law and economics research also begins to get people's attention. Although relative to the United States and other countries, our country law economics research is still in its infancy, but as experts say: "at present our country economy system reform, in the final analysis is through the government and enterprise, the enterprise and the enterprise, the enterprise and worker, worker and worker rights and obligations between the distribution and redistribution, make the rights and obligations of the boundaries and optimization, to maximize the economic benefit of the legislation and law enforcement. We should be used to this kind of reform, the benefit as distribution rights and obligations of the basic standards. For this reason, to strengthen the western economic analysis of law, absorb the reasonable components, with benefits to supplement and transformation of our legal theory, it is absolutely necessary." [7] according to the needs of the development of market economy in China, the economic Angle to the existing law to analysis and evaluation, and design a priority to efficiency, to optimize social resources allocation laws and regulations, and to promote China's socialist market economy development and prosperity, play an important role.
Three of the law of economics, some Suggestions about:
Legal economics as a new subject, from birth until today, along the way are associated with praise and slander, both human cheers, also some people disagree. This article attempts from the values and the methodology to be brief comments on the:
No doubt, economic development and promoting the rule of law is the common goal of human beings. Law and the economy as a society two big theme that constituted a tone of the era. If with simple law or the principle of economics to evaluate some economic phenomenon and social phenomenon, however, was to what is only one spot. Legal economics with innovative perspective and unique approach to the study of two goals will be associated together, become the law a milestone in the history of the major innovation. As the western scholars have said: "in the past 50 years, legal thoughts occurred a turned to emphasize the change of the economic, the pursue maximum need as the key." [8] but on the other hand, too much of the economic law functional, up from the economic analysis method, the research methods of other traditional rejection of the healthy development of the law is no doubt harmful. Economics theory in the practical application of the first law should be embodied in value levels, i.e. in justice, justice, and other basic value names, for "benefit" out a place which, the formation of justice and benefit of the double standard legal values; Secondly in legislation, such as law enforcement level, should carry through benefits first thought, highlight the economic value of law, and takes it as the legal quality of success or failure, judge a objective standard.
In methodology, legal economics having a unique style, it using economics especially microeconomic theory and method to analysis of law, has the obvious quantitative analysis of advantages, it makes people tend to be more accurate thinking. The advantage of economics is that it is a prior analysis, and the law is only a afterwards "remedial measures". Legal economics will advance analysis method into the study of the law, can to the new law enacted or legal changes consequences prior analysis, prevent or avoid the law making huge mistake. This method has greatly developed the traditional legal research methods of vision, enrich the connotation of legal research, is the study of the law methodology of the revolution. But economic factors that can explain all aspects of human behavior, as the economics concepts will justice, rights and obligations, fault and traditional legal concept instead, will surely be the law of economic biased. Therefore, seeking truth from facts, economics research method is a method of law, we are not supposed to emphasize its role. You know, any kind of law schools, has its flaws and applicable boundaries. But must have a clear, that is the use of the economics principle and method of legal problems not only important analysis but necessary. Further research on this theory and its applications in the study of the law of our country and the legal system, to guarantee the the sound development of socialist market economy, has the significant practical significance.
[1] LvZhongMei, LiuDaHong: the law of economic law and the law of economic analysis ", China's procuratorial press, 1998), pp. 203-202
[2] ", MaEnLie of law, Oxford University press, 1986), p. 17.
[3] ", MaEnLie of law, Oxford University press, 1986),-
[4] Richard A Posner: The Economic Approach To Law, page 21
[5] clarkson and miller: the industrial organization: the government, the evidence and public policy ", Shanghai SDX joint publishing company, 1989), pp. 677-
[6] zhang naigen: the economic analysis law, Cambridge uni in 1995, 20-22 pages.
[7] ZhangWenXian: the contemporary western philosophy of law ", jilin university press, 1987), pp. 264-
[8] Mr. B: "through the legal social control", the commercial press, 1984), pp. 65-