Mikhail Antonov

On some Theoretical Problems for Applying Economic Analysis in Russian Law

2011. No. 3. P. 10–25 [issue contents]

Antonov Michail -  assistant professor, Department of Theory and History of Law, Faculty of Law, Saint Petersburg Campus ofNational Research University Higher School of Economics, PhD (law). E-mail: mantonov@hse.ru
Address: Promyshlennaya St., 17, Saint Petersburg, Russian Federation, 198099

The article studies theoretical grounds to apply economic analysis of law. Economic theory has been initially aimed to consider the decisions taken by the state not in terms of imperative norms as in legal science but in terms of facts – influence on economic processes. The author argues that law is a system of obligatory rules. However according to D. Hume obligatory statements cannot be based on facts. Hence, the author assesses critically the area law and economics to justify pluralistic legal reality, points to the boundaries of research where the economic analysis should be relevant. In particular, the author points to inadmissibility of economic assessment of legal principles and basic constitutional values determining the major parameters of law in society. According to the author, complex social research of living law are more relevant. They would allow studying and comparing not only legal norms and economic institutions but social and psychological processes which go together with creating and applying the norms. Another useful analysis relates to the mechanisms of power coordination at different levels – interaction of law and other ethical regulators, studying factual mechanisms of state intervention into economy and their comparison with the principles declared in the legislation. This research leads inevitably to admitting many sources of law, forms of structured law on the same territory, which allows generalizing information on usefulness of separate types of law, their comparative cost and efficiency in terms of differences in culture, mentality, economic conditions and institutional structures of different societies. However, this task goes beyond the economic approach to law and leads to a wide social and legal perspective.

Citation: Antonov Valer'evich Mikhail (2011) O nekotorykh teoreticheskikh problemakh primeneniia ekonomicheskogo analiza prava v Rossii [On some Theoretical Problems for Applying Economic Analysis in Russian Law] Pravo. Zhurnal Vysshei shkoly ekonomiki, 3, pp. 10-25 (in Russian)
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