Introduction to Economic Analysis of Law (AED) Part I
The Economic Analysis of Law (AED), despite its limited release in Latin America, let alone in our country, is one of the fastest growing specialties in the Anglo world, where power has numerous specialized magazines widely disseminated in environment and trade associations covering all continents.
In the legal environment has become an important economic analysis of law promoted by Richard A. Posner on “Economic Analysis of Law” and Guido Calabresi in “The Cost of Accidents” especially in the field of economic rights and extra-law recently. One of his mentors the said Posner has pointed out that many areas of law are the hallmark of economic reasoning and theory of the efficiency of law is best explained as a system to maximize the wealth of society and proclaims to the economic theory of law as the positive theory of law that there is more promising today.
For its part Atienza said that the economic analysis aims to use categories, methods and techniques of the economy in the task of explaining and interpreting the law, although the same Atienza believes that the novelty of this current is relative. In fact the proposed interdisciplinary Economic Analysis of Law proposes to apply virtually to the last consequences of the methods of economics, without discriminating factors ethical or sociological issues, which ultimately became law a mere branch of science Economic. Bet of Economic Analysis does not appeal to interdisciplinary itself, but a multidisciplinary approach in extremis that does not claim any conciliatory role and develops despite sometimes dogmatic discourse against the law. This trend of economic analysis of law has prompted criticism from several theoretical reaction Ghersi have denounced as biased and character on the contrary have been proposed “to represent the law as a social phenomenon and to do different areas of knowledge, as references reflective and communicative “and on the understanding that the right is inside and not outside the social phenomenon.
The AED is a (relatively) new school of legal thought, which has appeared in Anglo-Saxon countries based on the evolution of economic thought, particularly between 1930 and 1970.
It is a methodology that applies to legal problems, principles and concepts of economic order. The main concepts of the economy that are used are the transaction costs (costs for using the price mechanism), the marginal returns management, governance structures of interpersonal relationships (Figures corporate and contractual structures of various kinds), relevance property rights in the efficiency of resource allocation, the role of efficiency standards and the applicability of economic analysis to all kinds of transactions, including those not made in a market context. Another concept is the voluntary exchange transaction as an efficient way (according to different criteria), both in its actual version in the version alleged or fictitious.
1. CONCEPT
2. MAIN THEORETICAL
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