文章基本信息

标题：Las funciones económicas del derecho
本地全文：下载
作者：COLOMA, GERMÁN
期刊名称：Problemas del desarrollo
印刷版ISSN：0301-7036
出版年度：2001
卷号：32
期号：126
语种：Spanish
出版社：Instituto de Investigaciones Económicas, UNAM
摘要：The thesis of this article is that the basic economic function of law is to define the economic system that prevails in society and to organize the running of the latter. From this perspective, the economic analysis of law involves the study and evaluation of legal standards from the point of view of their economic functions, which enables the latter to be calculated according to the type of economic regime that they help to organize, and the branches of the economy according to the type of standards they study. It also shows that virtually all economic analysis mixes aspects of the economic analysis of law with others aimed at analyzing the surroundings and behaviors of economic agents. From the point of view of their relationship with legal theory, this way of visualizing law may be compatible with positivism, the laws of nature and realism. This compatibility is achieved by reformulating the objectives of the economic analysis of law, which excludes the positive analysis of legal structures yet includes the consideration of problems of impersonal and interpersonal equity.
其他摘要：The thesis of this article is that the basic economic function of law is to define the economic system that prevails in society and to organize the running of the latter. From this perspective, the economic analysis of law involves the study and evaluation of legal standards from the point of view of their economic functions, which enables the latter to be calculated according to the type of economic regime that they help to organize, and the branches of the economy according to the type of standards they study. It also shows that virtually all economic analysis mixes aspects of the economic analysis of law with others aimed at analyzing the surroundings and behaviors of economic agents. From the point of view of their relationship with legal theory, this way of visualizing law may be compatible with positivism, the laws of nature and realism. This compatibility is achieved by reformulating the objectives of the economic analysis of law, which excludes the positive analysis of legal structures yet includes the consideration of problems of impersonal and interpersonal equity.
关键词：economic systems;legal system;economic analysis of law;SISTEMAS ECONOMICOS;SISTEMA JURIDICO;ANALISIS ECONOMICO DEL DERECHO;systèmes économiques;système juridique;analyse économique du droit.
其他关键词：economic systems; legal system; economic analysis of law