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Posner 's wealth maximization Theory

Author: WangZuo
Tutor: LiYuSheng
School: Nanjing Normal University
Course: Legal Theory
Keywords: Posner Wealth maximization theory Rationality Limitation
CLC: D90-05
Type: Master's thesis
Year: 2008
Downloads: 131
Quote: 0
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Abstract


Economic Analysis of Law cross disciplines of law and economics , Posner With \treasure the rights of the people , only then the social welfare in order to get the greatest degree of growth . The growth of social wealth is so worth the wait , and thus measure the sole criterion of a legal system is this legal system to achieve maximum economic effect can be achieved at the lowest cost . Based on the trust of the market behavior , Posner wealth maximization theory is widely applied to the interpretation of the legal phenomenon and the reconstruction of the legal system which multiple legal value of a comprehensive alternative to the efficiency value . The economic analysis crushed the basis of the value of traditional legal theory , wealth maximization theory therefore widespread criticism . Posner prove his theory rationality from multiple perspectives in order to protect their own theory . Wealth maximization theory is Posner's pragmatism Idea of ??Law , a concrete manifestation of the classical liberal economic outlook and utilitarian methodology is an important manifestation of the value of legal efficiency , its existence has a certain rationality , but it the explanatory power wanton expanded also cause a negative effect on the tendency of the emergence of social Darwinism , the disappearance of the stability and authority of the law , under the conditions of a free market laissez-faire of the \This paper argues that should be a dialectical view of rationality and limitations of the \In order to realize the value and social value of the \

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