Abstract

The relevance of work is caused by importance of correlation of the legal methods established by the power and the economic maintenance of the adjustable relations. In article the general approaches to legal regulation of economy, on the one hand, and to the economic analysis of law – with another are analyzed. The author argues the point of view according to which the correlation "law and economy" and differentiation of the economic analysis of continental and common law is necessary. Arguments in support of the centralized legal regulation and economic management of economy are adduced. Further author's main characteristics "the economic analysis of law" in the changing state of the Russian Federation, since 1990 are granted. In the most general sense methodological and ideological bases of approach to definition of legal regulation of economic management in the socialist and capitalist state are defined. According to the author, capitalism is also the deadlock direction of economic development. The approach existing in an economics represents attempt to extend phenomena of the neoclassical economic theory and neo institutionalism to the spheres of the public relations which are not connected with economy (i.e. economic approach to all social problems). Demand is not exclusively economic category, it extends also to the sphere of the right which is estimated also on availability, the price, alternative costs, usefulness. The author proves need of the researches covering boundary subject of law and economy. Arguments in support of this point of view are adduced. The conclusion is in conclusion drawn that need of researches on a joint of the right and economy is obvious now, and it concerns not only legal, but also equally economic science. At the same time interaction of sciences has to be carried out as equals, and amendments have to concern both fields of knowledge. In this regard researches "the rights and economies" can become one of the most perspective directions of development within both law, and economy.

Highlights

  • In the last half century, Law and Economics (L&E) has become one of the most influential movements in legal academia

  • The difficulty consists in determination of distinctions of manifestation of the continental right and common law in the economic relations

  • [1] Economic examination of the statutory act in the course of its acceptance should not lead to absolutization of cost efficiency, etc

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Summary

Introduction

In the last half century, Law and Economics (L&E) has become one of the most influential movements in legal academia. The difficulty consists in determination of distinctions of manifestation of the continental right and common law in the economic relations. For any lawyer the rule of law is not accident and an optional element of legal ideology, it is firm. The law is inseparably linked with morals, it dominates at adoption of the relevant statutory act. [1] Economic examination of the statutory act in the course of its acceptance should not lead to absolutization of cost efficiency (the economic logic, and true criterion of the right and law enforcements – cost efficiency is the basis for functioning of the right), etc The law is inseparably linked with morals, it dominates at adoption of the relevant statutory act. [1] Economic examination of the statutory act in the course of its acceptance should not lead to absolutization of cost efficiency (the economic logic, and true criterion of the right and law enforcements – cost efficiency is the basis for functioning of the right), etc

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