Economic Analysis of Law In the Conflict between Legal Modernity and Legal Postmodernity

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SHAHABI MAHDI

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Journal: COMPARATIVE LAW REVIEW Year:2018 | Volume:9 | Issue:1 Page(s): 257-283

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Title

Economic Analysis of Law In the Conflict between Legal Modernity and Legal Postmodernity

Author(s)

SHAHABI MAHDI | Issue Writer Certificate

Keywords

Economic Analysis of LawQ2

Modern LawQ2

Postmodern LawQ1

RealityQ1

ValueQ1

Abstract

There is no doubt that the economic analysis of the law is realistic. The question, however, is whether or not this realism is in conflict with the fundamentalism of legal modernity? If realism, considers interpretation as the will of a concept, Economic Analysis of Law as a theoretical framework for the interpretation of the legal rule, leads to the negation of fundamentalism and to the acceptance of pluralism in validity of the legal rule; as substantial and formal formalism will not be valid. These results denoted the paradigm of legal postmodernity, as a pluralistic one. However, it seems, if that fundamentalism is manifested in spontaneous Value, it is a symbol of the interaction of Reality and metaphysic. Thus, the economic analysis of the law, based on this type of fundamentalism, is only the resurgence of the modernity as the spontaneous order. Consequently, the interpretation will also be confined to the discovery of meaning, so that information has not fallen in the demise of pluralism. Because the acquisition of economic information requires a minimum of this formalism, the validity of this method of interpretation means the validity of formal formalism.

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APA: Copy

SHAHABI, MAHDI. (2018). Economic Analysis of Law In the Conflict between Legal Modernity and Legal Postmodernity. COMPARATIVE LAW REVIEW, 9(1 ), 257-283. SID. https://sid.ir/paper/246315/en

Vancouver: Copy

SHAHABI MAHDI. Economic Analysis of Law In the Conflict between Legal Modernity and Legal Postmodernity. COMPARATIVE LAW REVIEW[Internet]. 2018;9(1 ):257-283. Available from: https://sid.ir/paper/246315/en

IEEE: Copy

MAHDI SHAHABI, “Economic Analysis of Law In the Conflict between Legal Modernity and Legal Postmodernity,” COMPARATIVE LAW REVIEW, vol. 9, no. 1 , pp. 257–283, 2018, [Online]. Available: https://sid.ir/paper/246315/en

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