S. Sinitsyn

Economic Analysis and Its Place within the Methodology of Civil Law

2017. No. 2. P. 4–17 [issue contents]
Slow development of legal regulation, compared to the social and economic development rate, hasbeen a factor having determined the emergence and spread of a new area in the research of legalinstitutions in terms of the economic aspect of law, which differs by radical approaches and nihilistattitude towards legal methodology of research accumulated for the centuries by scientific theoriesof different legal systems. The economic analysis of law comprehends mostly legal institutions as“economic rubbish” or technical instrument the efficiency and utility of which may be tested only byeconomic categories. However, no answers are provided on the causes of which only economy not lawshould be considered as a global system of evaluation of all social phenomena (a measure). The issuerequires sorting out if the economic analysis of law is a new research method or only ideology whichwill promote to show wishful results. The economic analysis has been developing in Anglo-Saxon law.Now, it is actively developing in lobbyism in continental European law via authoritative internationalfinancial organizations. Its influence was found in the reform of German law of obligations of 2002. Indispute resolution, courts rely not only on the current legislation but the approaches to the economic analysis of law. The challenges of our time require studying and assessing the efficiency of approachesof the economic analysis of law and their influence on the legal system and doctrine as well as the risksassociated with the ultimate reliance on economic analysis for legal regulation and academic research.Any negation of the method of evaluation and regulation requires scrutiny in to the area of activity. Nogrounds are found to consider the approaches of economic analysis of law a substitute for the methodologyof civil research or a vector in legislative process. However, this is not an obstacle to apply itstools in assessing the regulating influence of normative legal acts.
Citation: Sinitsyn S. (2017) Ekonomicheskiy analiz prava i ego mesto v tsivilisticheskoy metodologii [Economic Analysis and Its Place within the Methodology of Civil Law]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 4-17 (in Russian)
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