contemplation on the position Justice in relation to law and economics

Articles in Press

Authors

1 Assistant Professor of the Economic Law Department of shahid beheshti University

2 .

10.30471/iee.2024.9829.2377

Abstract

Today, with the expansion of human societies, we are witnessing the formation of institutions and organizations with new legal functions. The regulation and codification of the laws governing them with a purely legal approach has been declared illegal and has led to the intervention of the economy and, consequently, the economic analysis of rights. Analyzes that rely on efficiency and with the aim of creating justice and efficiency cause limitations in the application of purely legal rules based on individual authenticity. These limitations create the perception in the minds of individuals that the economic analysis of law is in conflict with justice, which is the basis of legal rules. Proponents of legal economic analysis, however, not only do not believe in any conflict, but also consider it necessary to pay attention to the attitude of economic analysis in formulating and amending laws in order to ensure social justice as appropriately as possible.The following article adopts the descriptive-analytical method, seeks to determine the relationship between the economic analysis of law and the concept of justice and to determine its place in legislation. The results indicate that the use of the perspective of the economic analysis of rights provides new horizons for the evolution of rights (in the direction of realizing justice as much as possible) at the disposal of the legislature and it is worthy of its capacities in the matter of legislation and Amendment of the rules should be used.

Keywords

Journal of Iran's Economic Essays (JIEE)

Articles in Press, Accepted Manuscript
Available Online from 19 February 2024

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