Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Economic Law from the point of view of jurisprudence with emphasis on economic man

Document Type : .

Authors
Hossein Niasti 1
javad niknejad 2
Mohammad Alemzade 3
1 Ph.D. Student in Private Law, Department of Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran
2 Assistant Professor Department of Private Law, West Tehran Branch, Islamic Azad University, Tehran, Iran.
3 Assistant Professor, Department of Private Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran
10.22034/ejs.2022.333458.1191
Abstract
Background and Aim: Law Economic is an interdisciplinary issue that has not received much attention from a jurisprudential point of view. In this article, an attempt has been made to deal with economic man from the perspective of economics of law and jurisprudence and the impact of economics on law with a jurisprudential approach.
Materials and Methods: The present type of research is theoretical and the research method is descriptive-analytical and the method of collecting information is library which has been studied by referring to books and articles.
Ethical considerations: In different stages of writing the article, ethical and scientific principles have been observed.
Results: Preference of personal interests and rationality are the most important components of economic man in economics of law, which in jurisprudence, in addition to the material dimensions mentioned, also emphasizes the spiritual dimensions of economic man. In fact, in human jurisprudence, there are two material and spiritual areas that affect the legal dimensions of one's behavior.
Conclusion: One of the most important achievements of economic analysis of law is the focus on reducing costs in the light of human economic components. Emphasis on rationalization and economicization of court costs, the tendency of alternative punishments to imprisonment as a less costly and efficient mechanism, and attention to the high costs of crime are examples of the impact of economics on rights, which can be achieved in jurisprudence for reasons based on its accuracy.
Keywords
law economics
economic human
efficiency
alternative punishments to imprisonment
court costs
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Strategic Studies of Jurisprudence and Law
Volume 4, Issue 3 - Serial Number 14
Studies of economic jurisprudence
Summer 2022
Pages 197-219