scholarly journals The impact of economic analysis of law on legal thinking

2020 ◽  
Vol 6 (3) ◽  
pp. 109-114
Author(s):  
Ekaterina A. Koroleva
Keyword(s):  
Economic Analysis ◽  
Rational Choice ◽  
Point Of View ◽  
Economic Regulation ◽  
Economic Analysis Of Law ◽  
Race And Gender ◽  
The Law ◽  
And Gender ◽  
The Right ◽  
The Impact

The article deals with the main provisions of Richard Posners book How judges think, which is, according to the authors own assessment, an attempt by an American scientist to understand the motives that guide judges in making judgments. The emphasis Posner puts on psychology leads to the fact that the book gives the right to talk about how judges think, not about judicial behavior: considering traits, temperament, race and gender, as well as personal and professional experience. From all the above Richard Posner concludes that judges are guided by the rationality of actions and decisions. Therefore, special attention in this article is paid to the concept of rationality from the point of view of Posner himself, as well as the assessment of this concept from the point of view of Russian scientists V.L. Tambovtsev and L.V. Smorgunov, since this concept of rational choice reveals the essence of economic analysis of law. Special attention should be paid to the argument that according to Richard Posner, rational choice does not have to be without error in the conditions of lack of information or the complexity of its collection and analysis. The arguments of Henry Beckett, as one of the founders of the economic analysis of law, on rationality in the Commission of an offense are given. Also, the article considers the facts that allow to state that at present the economic analysis of the law has gone far beyond the initial attention to Antimonopoly regulation, taxation, regulation of public utilities, corporate Finance and other usual areas of economic regulation, the range of issues that can be resolved through economic analysis of the law is much wider and more diverse. According to the results of races-judgements and the estimation of economic analysis of law and the category of rationality in the legal field.

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.

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.

Law and Economics

2020 ◽  
pp. 84-102
Author(s):  
Daniel B. Kelly
Keyword(s):  
Economic Analysis ◽  
First Generation ◽  
Law And Economics ◽  
Private Law ◽  
Foreseeable Future ◽  
Business Associations ◽  
The Third ◽  
Starting Point ◽  
The Law ◽  
The Impact

This chapter analyzes how law and economics influences private law and how (new) private law is influencing law and economics. It focuses on three generation or “waves” within law and economics and how they approach private law. In the first generation, many scholars took the law as a starting point and attempted to use economic insights to explain, justify, or reform legal doctrines, institutions, and structures. In the second generation, the “law” at times became secondary, with more focus on theory and less focus on doctrines, institutions, and structures. But this generation also relied increasingly on empirical analysis. In the third generation, which includes scholars in the New Private Law (NPL), there has been a resurgence of interest in the law and legal institutions. To be sure, NPL scholars analyze the law using various approaches, with some more and some less predisposed to economic analysis. However, economic analysis will continue to be a major force on private law, including the New Private Law, for the foreseeable future. The chapter considers three foundational private law areas: property, contracts, and torts. For each area, it discusses the major ideas that economic analysis has contributed to private law, and surveys contributions of the NPL. The chapter also looks at the impact of law and economics on advanced private law areas, such as business associations, trusts and estates, and intellectual property.

The Law of the Father, the Law of the Land: Power, Gender and Race in The Shield

2007 ◽  
Vol 41 (3) ◽  
pp. 659-673 ◽  
Author(s):  
MIKE CHOPRA-GANT
Keyword(s):  
Race Relations ◽  
White Male ◽  
Legitimate Authority ◽  
Television Series ◽  
Real Power ◽  
Gender And Race ◽  
Race And Gender ◽  
The Law ◽  
And Gender

This article examines the construction of gender and race in the television series The Shield (FX 2002–). The article argues that while The Shield seems to offer an ostensibly progressive vision of a multi-cultural society in which race and gender represent no barrier to the possession of legitimate authority, the series premises the possibility of such access to power on the continuing possession of “real” power by a paternalistic white, male figure, thus presenting a regressive conservative vision of gender and race relations in contemporary US society.

scholarly journals Perkawinan Beda Agama Dalam Undang-Undang Nomor 23 Tahun 2006 Tentang Administrasi Kependudukan (Tinjauan Hukum Islam)

2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
The Family ◽  
The Law ◽  
Negative Impacts ◽  
The Right ◽  
The Impact ◽  
The Relationship

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.

scholarly journals TINJAUAN YURIDIS PENENGGELAMAN KAPAL ASING MENURUT UNDANG-UNDANG NOMOR 45 TAHUN 2009 TENTANG PERIKANAN

2021 ◽  
Vol 1 (1) ◽  
pp. 1-10
Author(s):  
Elisabeth Septin Puspoayu ◽  
Bunga Nurani ◽  
Esti Wulan Trityas ◽  
Maulida Indah Sari ◽  
Mayang Chandra Gita Siti ◽  
...  
Keyword(s):  
Law Of The Sea ◽  
Marine Resources ◽  
Positive Effects ◽  
Illegal Fishing ◽  
Fishing Vessels ◽  
Foreign Countries ◽  
United Nations Convention ◽  
The Law ◽  
The Right ◽  
The Impact

Amendment to the United Nations Convention on the Law of the Sea of 1982 with Law No. 17 the Year 1985 makes Indonesia have the right to utilize, conservation, and manage fish resources in Indonesia's exclusive economic zone and the high seas. Such rights are exercised under applicable international terms or standards. Therefore, legislation was made related to the sinking of illegal fishing vessels in Indonesian territorial waters through Law No. 45 of 2009 on Fisheries. Indonesia's high wealth of marine resources does not run following all layers' expectations after illegal fishing. However, the juridical consequences of applying the law have several impacts, namely the impact of sinking foreign vessels on relations with foreign countries and negative-positive effects in the marine environment due to the sinking of foreign vessels illegal fishing actors.

scholarly journals Settlement of conflict of interest in the process of beneficial housing at the expense of budget funds as a guarantee of the constitutional law

2021 ◽  
pp. 13-16
Author(s):  
Olena HALUS ◽  
Oleksandr BRYHINETS ◽  
Iryna RYZHUK
Keyword(s):  
Affordable Housing ◽  
Conflict Of Interest ◽  
Constitutional Law ◽  
Global Financial Crisis ◽  
Conflicts Of Interest ◽  
Standard Of Living ◽  
Vulnerable Groups ◽  
The Law ◽  
The Right ◽  
The Impact

The paper proves that the realization of the right to a dignified life can be effective only in the framework of legal activities, and the presence of special legal means, which are tools to ensure a dignified human existence, also plays an important role. The analysis revealed that each society has its own standards of understanding the right to a sufficient standard of living, the basis in this case should be the only generally accepted norms and standards, especially those enshrined in international legal instruments. Guarantees of constitutional law and housing and the right to an adequate standard of living are interrelated and represented by a system of political, economic, social conditions, legal means and mechanisms aimed at ensuring the proper exercise of these rights. The system of guarantees of the constitutional right to housing and a sufficient standard of living is represented by general and special (legal) guarantees. The purpose of preventing corruption due to conflict of interest is to form a unified approach of persons authorized to perform state or local government functions and persons equated to them, to understand and comply with the rules of prevention and settlement of conflicts of interest introduced by the Law of Ukraine “On Prevention of Corruption”. Preferential provision of housing for citizens is carried out through certain mechanisms: providing citizens with affordable housing, provided by the Law of Ukraine “On Prevention of the Impact of the Global Financial Crisis on the Development of the Construction Industry and Housing Construction”; state, regional and local housing programs for certain categories of the population; providing social housing to socially vulnerable groups of the population of Ukraine.

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