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A Analysis of Theory of Wealth Maximization of Posner

Author: WangZuo
Tutor: LuoShiRong
School: Chongqing University
Course: Legal Theory
Keywords: Posner Wealth Maximization Efficiency Transaction cost Fairness
CLC: D90-05
Type: Master's thesis
Year: 2009
Downloads: 114
Quote: 1
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Abstract


Charlie. A. Posner is one of most outstanding legal economists since 1970s. He helped people distinguish between each other in their respective voluntary deal benefit of concise and economic efficiency and economic theory about the market economic system and the principle of legal application for the legal theory research, legal economics research, thus laid a theoretical foundation for the develop. As the economic analysis of law in contemporary economist, Posner, using "coase theorem" to explain all the legal phenomena. He used to explain the economic behavior of non-market that way is regarded as a virtual market behavior, and then called "coase theorem" to redefine the rights and obligations under the law. He put economic analysis of law as a normative theory, and points out its goal are to pursue normative legal system, in order to realize the efficiency of social wealth maximization ". Social limited resources required to cherish most right allocation of the right person. Social wealth growth is expected to measure, and thus a legal system of standard is the only legal system can realize to achieve maximum economic effect from minimum economic cost.For the purpose of the legal thoughts, this article aims to wealth maximization of theory, so that it can help us to be inspired. The first part of this text first focuses on the concept of wealth maximization. Maximizing ,efficiency and effectiveness, such economics concepts not only can be used to discussing special issues in the field of law but also for the operation of a goal can be achieved. Posner for wealth maximization of thinking has not stopped, he tried to break through the traditional utilitarianism, establish a wider for the legal system, and realize the efficiency of resource configuration optimization. The second part of wealth maximization in Sino-foreign jurist reflects the theory of wealth maximization theory. This last part is wealth maximization rule of law theory and combining the reform in China, including a theory of wealth maximization in legal system construction and the significance of the limitation of it, and hopes to promote the efficiency of suitable for China’s national conditions. The author found in the construction of rule of law is one of the effective way.

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