Economic analysis to the Legal Issues



Economic analysis to the Legal Issues

Abstract

The law cannot exist in isolation from society and other sciences. In that sense, interdisciplinary practices are a great ally of scholars in the field of law for finding alternatives for resolving conflicts in society. This work is a study on the economic analysis of law, which provides an approach to justice through the application of economic methods. We study the motion of analysis law and economics, the emergence and development, its division and the current epistemological application to the law. This discipline has had a great development in the social sciences in decades, since the law is no longer seen as an isolated subject to have the possibility to find problem solving using concepts from other disciplines, in this case of the paper, the economy.

Introduction

The economics and law addresses problems experienced by society, yet their methods of analysis and application are different. Among the many aspirations of each discipline, economics seeks to be scientific, while the law tries to be fair. Thus, there is a difficulty of finding affinities between them. However, our society develops quickly and need answers to height. The traditional methods often do not meet fully the expectations of society, which leads scholars to broaden their search field.

The law cannot be seen as an autonomous discipline, since it ends up becoming an impediment to the resolution of conflicts known and those arising over time due to factors, such as human, social, economic and scientific. We live in an era that need quick answers to our problems, and that the development of society, globalization, personal relationships end up creating new problems that need responses. In this context, the possibility arises of the disciplines of economics and law promoting a dialogue in search of more effective responses through a movement known as economic analysis of law.

Lawmakers are able to create mechanisms through legislation, to direct the actions of individuals and able to achieve the objective laid down in order of legal framework of each country.

Discussion

Emergence of economic analysis of law and factors such as economic growth, controlling inflation, employment rates, and reviewing financial markets and the actors who interact in it are the first subjects who have direct associations when it comes to questions of economics. This is the understanding of the discipline in its traditional way, which brings difficulties to relate these issues with the law. Robert (1982) explains that this difficulty arises, in view of the difference of methods used across disciplines, since while the law is verbal, hermeneutic, seeks justice and does criticism by legality; economics is largely mathematics, strongly empirical, scientific and seeks to depend critically on costs. For Stigler (1992), difficulty of communication between the two disciplines is the reason why economists have its focus on efficiency, while the teachers of law have their intrinsic focus on justice. Between the 40's and 50's, the economic analysis of law focused their research in areas such as economic eminently Antitrust, Antitrust rights, Commercial Regulations and ...