scholarly journals A NECESSÁRIA TRANSIÇÃO PLANETÁRIA: (IN) CONVENIENTES DO COVID-19 PARA VIABILIZAR A BENFAZEJA COLHEITA FUTURA NO BRASIL E NA COMUNIDADE INTERNACIONAL DE ESTADOS

2020 ◽  
Vol 2 (59) ◽  
pp. 255
Author(s):  
Everton Das Neves GONÇALVES
Keyword(s):  
Economic Analysis ◽  
Social Relations ◽  
Life Experience ◽  
Law And Economics ◽  
Point Of View ◽  
Economic Analysis Of Law ◽  
Joseph Schumpeter ◽  
Documentary Analysis ◽  
Deductive Method ◽  
The Cost

RESUMO Objetivo: O trabalho registra as primeiras impressões, em especial, no Brasil, em março de 2020, sobre origem e avanço do COVID-19 a partir de uma situação anômala de quarentena física. Como objetivo geral, o estudo investiga a visão espiritualista da análise econômica do Direito como instrumental para implementar alteridade nas relações sociais. Metodologia: Trata-se de pesquisa qualitativa, de método dedutivo e com recurso à análise bibliográfica e documental; tem como marco teórico, autores neoinstitucionalistas como Douglas North e Joseph Schumpeter e espíritas como Francisco Candido Xavier e Divaldo Pereira Franco. Resultados: Conclui-se que o COVID-19 propicia a oportunidade para a difusão de visão político-econômico-jurídica, voltada para a alteridade e a felicidade, a necessidade de mudança na forma de agir individual e coletiva para que seja possível a felicidade. O COVID-19 vem como mais um instrumento de “reorganização” da humanidade, ainda que o custo de vidas seja tão alto do ponto de vista existencial. O ceifar da morte ainda nos deixa perplexos; porém, do ponto de vista da essência humana, grandes aprendizados podem ser introjetados em nossa experiência de vida. Contribuições: O trabalho registra a origem e avanço do COVID-19, destacando a necessidade de mudança no agir individual e coletivo, possibilitando a felicidade. Especificamente, objetiva alertar para a necessidade de comportamento econômicojurídico, visando o bem econômico social através da “autodestruição renovadora eficiente-econômico-social” (ADRECOS). Palavras-chave: Direito e Economia; Direito e felicidade; análise econômica do Direito e o COVID-19. ABSTRACT Objective: The paper records the first impressions, especially in Brazil, in March 2020, about the origin and advance of COVID-19 from an anomalous physical quarantine situation. As a general objective, the study investigates the spiritualist view of economic analysis of Law as instrumental to implement otherness in social relations. Methodology: This is a qualitative research, using a deductive method and bibliographic and documentary analysis; has as its theoretical framework, neoinstitutionalist authors such as Douglas North and Joseph Schumpeter and spiritualist such as Francisco Cândido Xavier and Divaldo Pereira Franco. Results: It is concluded that COVID-19 provides the opportunity for the diffusion of a political-economic-legal view, focused on otherness and happiness, the need to change the way of acting individually and collectively, so that happiness is possible. COVID-19 comes as another instrument for the “reorganization” of humanity, even though the cost of living is so high from an existential point of view. The reaping of death still perplexes us; however, from the point of view of human essence, great learnings can be introjected into our life experience. Contributions: The work records the origin and progress of COVID-19, highlighting the need for change in individual and collective action, enabling happiness.Specifically, it aims to alert to the need for economic-legal behavior, aiming at the social economic good through the “efficient-economic-social renovating selfdestruction” (ADRECOS). Keywords: Law and Economics; Law and happiness; economic analysis of Law and COVID-19.

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.

Of Law and Economics and Economic Analysis of Law: The Role of the Lawyer

Global Jurist ◽  
2019 ◽  
Vol 19 (3) ◽  
Author(s):  
Guido Calabresi
Keyword(s):  
Economic Analysis ◽  
Law And Economics ◽  
Economic Analysis Of Law ◽  
Yale University ◽  
The Future

Abstract This is the first chapter of The Future of Law and Economics: Essays in Reform and Recollection by Guido Calabresi, first published by Yale University Press in 2016.

Business Development and Environmental Impact in the Solar (PV) Field

2017 ◽  
pp. 44-84
Keyword(s):  
Economic Analysis ◽  
Financial Incentives ◽  
Investment Decision ◽  
Business Environment ◽  
Business Development ◽  
Point Of View ◽  
Pv System ◽  
Investment Projects ◽  
Electricity Cost ◽  
The Cost

The techno-economic analysis of a PV system is designed to measure the viability of the designed system from an economical and technological point of view assuming some specific environmental conditions. In this research, for the techno-economic analysis of PV system the authors are focused on four general categories of factors which are highly influential on the investment decision in this field. These are the PV system costs, the electricity cost, the sunlight and other environmental characteristics and the financial incentives. Each of this factors is analyzed in order to understand and evaluate the general conditions that influence the decision in the photovoltaic business. The methodology that is used for explaining the real business environment in PV field and the main indicators that can estimate the investment profitability is the case study related to formal opportunities for developing PV investment projects in Romania. The investors in PV field have to understand the life cycle of a PV system that can give an overlook of the cost reduction opportunities and also make them sensible to the decommissioning phase of such an investment. For future investments in the PV field in Europe the authors identified and analyzed the main factors that characterize the PV business development in the next period.

scholarly journals On the (Methodological) Future of Law and Economics. The Uneasy Burden of Value Judgments and Normativity

Global Jurist ◽  
2019 ◽  
Vol 19 (3) ◽  
Author(s):  
Paolo Silvestri
Keyword(s):  
Economic Analysis ◽  
Present Article ◽  
Law And Economics ◽  
Self Awareness ◽  
Economic Analysis Of Law ◽  
Value Judgments ◽  
Positive Approach ◽  
Problematic Relationship ◽  
Starting Point ◽  
The Future

Abstract Taking as its starting-point Guido Calabresi’s latest book – The Future of Law and Economics – the present article aims to explore the often neglected issue of value judgments and normativity in Law and Economics. I will show the importance of enquiring Calabresi’s methodological distinction between Law and Economics and Economic Analysis of Law and the related bilateralism thesis in order to understand the problematic relationship between methodological value judgments and ethical value judgments, the ‘distance’ between Calabresi and Posner and the problematic notion of reformism. Then I will try to introduce a different notion of normativity. I will also show the existence of an unresolved tension in Calabresi’s methodological discourse between a positive approach, which seems to be privileged in this book, and his insistence on the inevitability of value judgments in economic analysis. Finally, I clarify the reasons for the ‘ignorance’ of values by the economist by distinguishing between economists’ “lack of self-awareness”, economists’ idolatry and the economists’ lenses.

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.

Comparative Law and Economic Analysis of Law

2019 ◽  
pp. 825-851 ◽  
Author(s):  
Florian Faust
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
Case Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject ◽  
The Relationship

This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it explains how one of the two disciplines can operate as an ancillary discipline to the other; this has been termed ‘Comparative Law and Economics’. The next section describes how comparative law and economic analysis of law can be brought together by making one discipline the subject matter of the other. It suggests that the role of economic analysis of law may be greater in case law systems than in codified systems and that this role may vary according to the subject of legislation. The section concludes with considerations on the role comparative law plays and should play in different contexts. Finally, it is argued that comparative law and economics should not be considered a discipline on its own.

scholarly journals Compensation for Occupational Diseases and the Importance of Preventition: A Law and Economics Perspective

2007 ◽  
Vol 9 (2) ◽  
pp. 127-168 ◽  
Author(s):  
Michael G. Faure
Keyword(s):  
Social Security ◽  
Economic Analysis ◽  
Occupational Diseases ◽  
Law And Economics ◽  
Liability Insurance ◽  
Economic Analysis Of Law ◽  
Potential Influence ◽  
Work Related ◽  
Compensation Mechanisms ◽  
Preventive Effects

This paper deals with possible compensation mechanisms for damage caused by occupational diseases. Specific attention is paid to the potential influence of these compensation mechanisms on prevention of work related incidents. The economic analysis of law is used to pay attention to liability and liability insurance whereby both the preventive effects of liability and liability insurance are discussed as well as their capacity to compensate. Attention is equally paid to social security, compensation funds and first party as well as direct insurance schemes. Some empirical evidence concerning the effectiveness of various compensation mechanisms as far as the prevention of occupational diseases is concerned is also discussed.

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.

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