Legal Analysis of economic analysis Posner
|Keywords||posner Legal economic analysis method Pareto principle Efficiency and fairness|
From the beginning, the 1970s by legal scholars as the main body, and with Richard a. posner represented the "legal economic analysis up" this academic trend, has contributed to the "prosperous prosperity; academic revolution" Its influence is like a strands of grand waves, have already by American law school impact to implement different thousand miles outside the law. "if cited in many countries, then can be measured influence rate of living artists, posner is one of the most influential jurist", even legal economic analysis of strong critic of the professor in uselessly dworkin, think about the anxiously tendency, have to agree: "this is often called to discuss ways legal economics has a majority of American education into colonies."The author thinks that, for such a global impact billions of people’s life and the theory, we should an deep concern, from western legal development history and western legal legal give careful ethics and methods of economic analysis, because the laws reflect the method can also affect numerous lawmakers, judges, prosecutors, lawyers, state administrative personnel; And their legal thinking mode orientation will affect millions people’s rights and entity value.This paper mainly rely on "legal economics", the research results to analyze this emerging discipline basic theory, development and the current research status, and with the constitution of the problems existing in the economic analysis as the breakthrough point, try to analyze it for our current law reform revelation and of great significance.