RICHARD POSNER'S LEGAL TEACHING ON THE ECONOMIC ANALYSIS OF LAW
УДК 340 ББК 67.3(7Сое)д
Abstract
This article examines the formation and development of the economic and legal direction in law, whichlater received the name economic analysis of law. The purpose of the study is to conceptualize the politicaland legal ideas of Richard Posner on the economic analysis of law. The research methodology includesgeneral scientific methods of historical, systemic analysis and structuring, as well as special legal methodsof formal legal analysis and comparative law. The author emphasizes the key political and legal ideas of thefounder of economic analysis of law, Richard Posner, notes the positive aspects of economic analysis of law,and offers a critical understanding of certain controversial manifestations of the dominance of economictheories in law. The conducted research includes three main stages: a study of the background of thedevelopment of the economic-legal direction in law, an analysis of the first scientific works of Richard Posnerdevoted to economic and legal problems in certain branches of law, as well as an analysis of the fundamentalscientific work of Richard Posner “Economic Analysis of Law”. In conclusion, the author formulates theprerequisites for the development of economic analysis of law in Russian legal doctrine.
Downloads
References
Coase R. Law and Economics at Chicago // Journal of Law and Economics. 1993. Vol. 36. P. 254.
Познер Р. Естественная монополия и ее регулирование // 21 Stanford Law Review. 1969. №21 (548).
Познер Р. Олигополия и антимонопольное законодательство: предлагаемый подход // Stanford Law Review. 1969. №21 (1562).
Познер Р. Убийство или ранение для защиты интересов собственности // Journalof Lawand Economics. 1971. №14 (201).
Познер Р. Теория небрежности // Journal of Legal Studies. 1972. №1 (29).
Posner R.A. Economic Analysis of Law. 5th ed. New York: Aspen Law and Business, 1998.
Mercuro N., Medema S.G. Economics and the Law: From Posner to Post-Modernism and Beyond. 2nd ed. Princeton University Press, 2006.
Shӓfer H.-B., Ott C. The Economic Analysis of Civil Law. Edward Elgar Publishing, 2004.
Карапетов А.Г. Экономический анализ права. М.: Статут, 2016.
Russian-Asian Law Journal is a golden publisher, as we allow self-archiving, but most importantly we are fully transparent about your rights.
Authors may present and discuss their findings ahead of publication: at scientific conferences, on preprint servers, in public databases, and in blogs, wikis, tweets, and other informal communication channels.
Russian-Asian Law Journal allows authors to deposit manuscripts (currently under review or those for intended submission) in non-commercial, pre-print servers such as ArXiv.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
