The Process and Theoretical Foundations of the Approach of Economic Analysis of Law and its Impact on Economic Growth

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ROSTAMI MOHAMMAD ZAMAN; ROSTAMI MOHAMMAD HADI

Title

The Process and Theoretical Foundations of the Approach of Economic Analysis of Law and its Impact on Economic Growth

Author(s)

ROSTAMI MOHAMMAD ZAMAN | ROSTAMI MOHAMMAD HADI | Issue Writer Certificate

Keywords

institutionalism

legal realism

economic approach to law

law

economy

productivity

Abstract

Introduction: Law and economics are closely intertwined and cannot be studied as two separate issues. Every economic activity is based on a legal contract, and every legal contract has an economic effect and creates a level of utility for the parties to the contract. The economy evolves in the context of Law, and with the evolution of economics, Low must also evolve. A perfect legal system is a factor in progress, and an incomplete legal system is a hindrance to progress. The economic analysis of law has transformed the legal system in line with the fundamental principles of economics, efficiency, productivity, growth and prosperity. This approach seeks to utilize existing facilities in light of limitations and shortcomings in a way that results in the highest growth and prosperity. Theoretical frame work and Methodology: This essay examines the trends, foundations, principles, main criteria of this approach and its impact on the evolution of legal systems in support of the industrial system. With a descriptive analytical approach, it answers the question of how the relationship of law and economics can contribute to economic progress. It posits that the economic analysis approach of law, by incorporating the element of efficiency and productivity into the foundations of the legal system, and obliging it to support the pioneers of the economy, can help the economic progress. The innovation of the paper is that it explains more accurately, economically and practically, the theoretical foundations, the main criteria and the impact of this approach on the evolution of the legal system in support of economic transformations. Results & Discussion: After the industrial revolution, all the institutions of european countries, including the legal entity, began to serve the industrial developments. Gradually, ideas and schools emerged that helped transform the legal system to support industrial development and economic growth. In the nineteenth and early twentieth centuries, the economic approach to law is found in the Thoughts of legal realists, institutionalists, and schools such as Chicago, Yale, Virginia, and Austria. Realists believed that low cannot be understood without reference to economic conditions and that judges must be aware of the economic conditions affecting their legal course and the impact of their judgments on the economy so that their judgments can contribute to efficiency, productivity and growth. They believe that in society, every individual strives to sacrifice the interests of others for his own benefit. It is the duty of law to fulfill maximum needs and most prosperity at the least cost by supporting efficient people, entrepreneurs and productive sectors. Another approach was the economic analysis approach of law that began at the University of Chicago and Studied those legal entities that were of an economic nature, such as tax, bank, insurance, import, export, bankruptcy, stock exchange, labor law and public welfare, with economic methods and instruments. The economic approach to law, by employing economic tools, methods, and analyzes in the field of law, sought to combine legal logic with economic logic. This approach has made several claims. One is that humans act upon the benefits and costs of an action and, therefore, we can influence people's behavior by changing laws. Second, law must serve productivity, efficiency and economic growth and give more freedom to those who are more productive, especially those who can act as pioneers of development. Economic analysis of Low seeks legal solutions that maximize efficiency by minimizing costs and maximizing public wealth. This approach does not claim that maximizing wealth is against justice. On the other hand, justice is compatible with efficiency and efficiency can be considered part of justice. Efficiency is associated with lower costs and increased productivity. Reducing costs avoids wasting resources and increasing productivity means the potential for individuals and objects to flourish. Both can be part of justice. Conclusions & Suggestions: The economic analysis of law has transformed the legal system in line with the fundamental principles of economics, efficiency, productivity, growth and prosperity. Economic analysis of law is the use of techniques, analyzes, and economic values to explain legal relationships and understand the reaction of individuals to legal rules. Relying on the element of efficiency, productivity, and rational behavior, this approach seeks to utilize existing facilities in light of limitations and shortcomings in a way that results in the highest growth and prosperity. The main result of this article is that our country must first develop a clear and coherent economic system for economic development and then reform the legal system to support it. It is recommended that all legal entities that have an economic nature such as tax, bank, insurance, import, export, bankruptcy, stock exchange, labor law and public welfare and then other areas of law, such as property rights, contractual freedom, contract law, efficient breach of contract, Incomplete contracts, imposed conditions, contractual damages, company law, civil liability law, family law and quasi-crime, be studied through the economic analysis approach of law.

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APA: Copy

ROSTAMI, MOHAMMAD ZAMAN, & ROSTAMI, MOHAMMAD HADI. (2020). The Process and Theoretical Foundations of the Approach of Economic Analysis of Law and its Impact on Economic Growth. JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW, 26(16 ), 55-76. SID. https://sid.ir/paper/958374/en

Vancouver: Copy

ROSTAMI MOHAMMAD ZAMAN, ROSTAMI MOHAMMAD HADI. The Process and Theoretical Foundations of the Approach of Economic Analysis of Law and its Impact on Economic Growth. JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW[Internet]. 2020;26(16 ):55-76. Available from: https://sid.ir/paper/958374/en

IEEE: Copy

MOHAMMAD ZAMAN ROSTAMI, and MOHAMMAD HADI ROSTAMI, “The Process and Theoretical Foundations of the Approach of Economic Analysis of Law and its Impact on Economic Growth,” JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW, vol. 26, no. 16 , pp. 55–76, 2020, [Online]. Available: https://sid.ir/paper/958374/en

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Scientific Information Database

ISSN: 2588-4824

Journal Paper

The Process and Theoretical Foundations of the Approach of Economic Analysis of Law and its Impact on Economic Growth