The Limitation of Economic Analysis of Law--From the Perspective of the Nature and End of Law

The object of this study is to explore the limitation of economic analysis of law. This study argues that the application of economic approach to law should be limited to two kinds of rules: "substantive economic rules" and "pure procedural rules." The former rules deal with a voluntary transaction whose goal is to pursue economic interest and its exchange object is calculable by monetary amount. The latter rules regulate behavior which merely serves as a tool for attaining another non-moral goal. Except these two kinds of rules, the rest of rules should be excluded from economic analysis since their goals are either to protect social justice or social norms rather than to pursue economic efficiency, and economic analysis is unable to yield an answer as to the economic efficiency of these other rules ...

Name thesis:degree_name

Doctor of Juridical Science (SJD)

Level thesis:degree_level

Dissertation

Year dc:date.available

2004

Author dc:creator

• Hsu, Hui Feng

Contributors dc:contributor

• John N. Drobak, Chairperson Dorsey D. Ellis Charles R. McManis

• Law and Economics

Language dc:language

English

DOI

https://doi.org/10.7936/0gvv-xp58

OAI identifier oai:identifier

oai:openscholarship.wustl.edu:law_etds-1023