发帖
雷达卡
法经济学分析基础
Legal Foundations of Economic Analysis of Law
----Lewis A. Kornhauser
This book discusses three basic questions about law. First, how does law affect
behavior? More precisely, does law have normative force that guides the behavior of private
citizens and public officials? Second, is law merely instrumental? This question poses two
contrasts. One opposes law as a means to an end to law as a source of intrinsic value. The
second contrasts law as designed with law as spontaneous or emergent from the actions of
individual. Third, how should we evaluate legal rules and institutions? Legal theory in general
and legal philosophy in particular has focused primarily on the third, evaluative question. Legal
philosophy has also investigated the first question of law’s normativity from a slightly different
perspective. Insrumentalism, the issue raised by the second question, has received relatively
little attention.
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