scholarly journals La negociabilidad de los derechos laborales: un análisis económico

2012 ◽  
Vol 16 (34) ◽  
pp. 7-27
Author(s):  
Camilo Piedrahita Vargas
Keyword(s):  
Economic Analysis ◽  
Labor Markets ◽  
Applied Research ◽  
Legal Regulation ◽  
Labor Rights ◽  
Economic Analysis Of Law ◽  
Legal Principles

This paper shows the results of the applied research titled "Negotiating labor rights: an economic analysis", which analyzes the legal regulation on individual labor rights negotiation in Colombia from the viewpoint of basic economic principles (Economic Analysis of Law), in order to identify the inefficiencies caused by the prohibition of this type of negotiations. After introducing the discipline of the Economic Analysis of Law, this article specifically analyzes the main legal principles that support the prohibition of individual negotiations which summed to the economic characteristics of the agents (workers), produce inefficiency in the labor markets.

scholarly journals The Economic Analysis of the Law in the Sphere of Public Law Regulation of Activity of Economic Entities

2019 ◽  
Vol 62 ◽  
pp. 10005
Author(s):  
S.P. Bortnikov
Keyword(s):  
Public Relations ◽  
Economic Analysis ◽  
Legal Regulation ◽  
Point Of View ◽  
Economic Science ◽  
Economic Analysis Of Law ◽  
Economic Management ◽  
Time Interaction ◽  
Neoclassical Economic Theory ◽  
The Right

The relevance of work is caused by importance of correlation of the legal methods established by the power and the economic maintenance of the adjustable relations. In article the general approaches to legal regulation of economy, on the one hand, and to the economic analysis of law – with another are analyzed. The author argues the point of view according to which the correlation "law and economy" and differentiation of the economic analysis of continental and common law is necessary. Arguments in support of the centralized legal regulation and economic management of economy are adduced. Further author's main characteristics "the economic analysis of law" in the changing state of the Russian Federation, since 1990 are granted. In the most general sense methodological and ideological bases of approach to definition of legal regulation of economic management in the socialist and capitalist state are defined. According to the author, capitalism is also the deadlock direction of economic development. The approach existing in an economics represents attempt to extend phenomena of the neoclassical economic theory and neo institutionalism to the spheres of the public relations which are not connected with economy (i.e. economic approach to all social problems). Demand is not exclusively economic category, it extends also to the sphere of the right which is estimated also on availability, the price, alternative costs, usefulness. The author proves need of the researches covering boundary subject of law and economy. Arguments in support of this point of view are adduced. The conclusion is in conclusion drawn that need of researches on a joint of the right and economy is obvious now, and it concerns not only legal, but also equally economic science. At the same time interaction of sciences has to be carried out as equals, and amendments have to concern both fields of knowledge. In this regard researches "the rights and economies" can become one of the most perspective directions of development within both law, and economy.

scholarly journals Peculiarities of Legal Regulation of Non-Discrimination on Gender Basis while Being Employed

2021 ◽  
Vol 81 (2) ◽  
pp. 160-168
Author(s):  
A. V. Kuchko
Keyword(s):  
Labor Market ◽  
Job Search ◽  
Gender Discrimination ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Principles ◽  
Current State ◽  
Labor Legislation ◽  
Wide Range ◽  
The Right

The Constitution of Ukraine enshrines and guarantees the right to labor as an opportunity to earn a living by work that a person freely chooses or agrees to. However, the current conditions indicate that the consolidation and guarantee of everyone’s right to labor is not an unconditional evidence of its inviolability, the absence of unjustified restrictions and obstacles to its realization. One of such obstacles to the realization of this right is gender discrimination, which violates the balance of male and female labor at the labor market and creates an imbalance in the harmonious development of labor and closely related relations. In this regard, the author has emphasized the importance of the existence of a wide range of effective legal principles in the national labor legislation for non-discrimination while employment, in particular on the grounds of sex, as well as an effective mechanism for their realization. It has been clarified that the legal regulation of non-discrimination on the grounds of sex while employment is the legal regulation of labor and closely related relations through legal means in order to achieve gender parity, prevention of any manifestations of gender discrimination in the realization of the right to labor by each person and citizen. It has been established that the current state of the development of legislative provisions of Ukraine in the field of employment implies the existence of a certain range of legal principles regulating the prevention of discrimination on the grounds of sex while being employed. The emphasis has been placed on the analysis of certain legal principles of non-discrimination, the effect of which extends to the stage of job search and acquaintance with current vacancies at the labor market. Their legal content has been analyzed and suggestions for their semantic improvement have been provided. It has been determined that an unjustified refusal to be hired should be considered a refusal that is devoid of any motivation or when an employer refuses a candidate for reasons other than his professional and business qualities, or does not take into account a number of special requirements provided by the current legislation. The author has emphasized on the need to create legal conditions for the harmonious combination of the interests of an employee and an employer, which can assist in preventing discrimination and allowштп each party to labor and closely related relations to achieve the desired result in realizing their labor rights and interests.

scholarly journals Economics and law: interrelation in modern world

2019 ◽  
Vol 89 (2) ◽  
pp. 139-146
Author(s):  
S. A. Sinitsyn
Keyword(s):  
Public Relations ◽  
Economic Analysis ◽  
Law And Economics ◽  
Legal Regulation ◽  
Limited Range ◽  
Modern World ◽  
Economic Analysis Of Law ◽  
Leading Role ◽  
Private And Public ◽  
Economic Analyses

The concept of the interdependence of law and economics is primarily expressed in modern legal studies by arguments for the leading role of economic analysis of law as a panacea for all possible defects in legal regulation. However, contemporary challenges dictate the urgent need to explore and critically evaluate the significance, completeness, and effectiveness of economic analyses of law and their impact on the legal system, as well as study the risks associated with the absolutization of this approach. This article demonstrates that the economic analysis of law is not based on the methods and algorithms of the legal and economic sciences, but rather represents an ideological tool of influence on legal consciousness and regulation that serves lobbying interests for specific legislative initiatives. The author analyzes the goals of the application of this methodology and its effects on the regulation of private and public relations and illuminates their differences. Based on an examination of regulatory and doctrinal Russian and foreign sources, the author demonstrates the limited range and purpose of economic analyses of the law as a methodological tool and suggests possible alternative approaches for revealing the relationship between law and economics, which are determined in consideration of modern developments in the economic and legal sciences.

scholarly journals Fintechs: inovação, redução dos custos de transação, eficiência e análise econômica do direito

2020 ◽  
Vol 24 (2) ◽  
pp. 25-46
Author(s):  
Henrique Avelino Lana ◽  
◽  
Lucas Vinicios Cruz ◽  
Keyword(s):  
Economic Analysis ◽  
Transaction Costs ◽  
Applied Research ◽  
Qualitative Approach ◽  
Inductive Method ◽  
Exploratory Research ◽  
Economic Analysis Of Law ◽  
Economic Perspective ◽  
Specific Objective ◽  
The Subject

From a legal and economic perspective of law, this article examines fintech companies, which are entrepreneurial entities, usually startups, that operate in the financial market. This paper’s overall objective is to demonstrate the interaction between these companies and the economic analysis of law. Its specific objective is to demonstrate the usefulness of fintech companies in reducing transaction costs for administrators, from the perspective of the Economic Analysis of Law. In this context, this paper tries to answer the following problem: how do fintech companies contribute to the reduction of transaction costs? Therefore, allowing for more efficient and faster financial operations and/or transactions. In order to answer this question, this research utilizes the methodology of applied research, with exploratory research, from a qualitative approach, with the inductive method, and bibliographic research specialized on the subject-matter.

Behavioral Law and Economics

2018 ◽  
Author(s):  
Eyal Zamir ◽  
Doron Teichman
Keyword(s):  
Economic Analysis ◽  
Bounded Rationality ◽  
Law And Economics ◽  
Empirical Studies ◽  
Securities Regulation ◽  
Critical Examination ◽  
Entire Body ◽  
Economic Analysis Of Law ◽  
Behavioral Law And Economics ◽  
The Impact

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. The book surveys the entire body of psychological research underpinning behavioral analysis of law, and critically evaluates the core methodological questions of this area of research. The book then discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for establishing the aims of legislation, and the means of attaining them. This is followed by a systematic and critical examination of the contributions of behavioral studies to all major fields of law—property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law—as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

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