Economic Analysis of Law

Author: Qian Hongdao
Publisher:
Publish Date: 2003-11-01
Features: In recent years, ambitious and possibly influential efforts have been made in the interdisciplinary field of law and economics. — Posner
This book employs a wealth of primary sources to conduct a comprehensive analysis and evaluation of the theoretical foundations and methodologies of Western economic analysis of law, while also constructing an economic analysis of law that aligns with the realities of Chinese legal practice. The author begins by exploring the dialectical relationship between law and economics, applying Marxist economic analysis methods to the analysis of specific issues. Then, he delves into the relationship between law and the market economy, analyzing the characteristics, problems, and challenges of the rule of law in China's market economy. Next, he discusses the concepts, methodologies, scope, theoretical foundations, analytical tools, and analyses in several fields of economic analysis of law. This framework differs from the prevailing Western economic analysis of law, as it approaches the subject from three perspectives: Marxist economic analysis methods, the institutional foundations of the market economy, and microeconomic analysis. Grounded in the practice of China's market economy and legal system construction, it provides in-depth analysis and constructive suggestions on China's rule of law development, judicial reform, constitutional practice, property rights systems, and crime and punishment.
The book begins with an exploration of the dialectical relationship between law and economics, primarily introducing and elaborating on the history, concepts, and characteristics of economic analysis of law, as well as its methodologies and evaluations, theoretical foundations, analytical concepts, and tools. It also examines economic analyses in three specific fields: constitutionalism, property rights, and crime and punishment.