What is the logic behind the law? The research and thinking of this issue from ancient and modern Chinese and foreign jurisprudence never stopped，and formed a different learning genre。

Iseius、Hobbes、Locke、Montesquien, etc. representative，Classical Nature Law School emphasizes human rationality and rights，Code of the claim based on the natural law。Yi Guo、Savini's historian school believes that law is not a product of "rationality"，but the manifestation of the "national spirit" passed down from generation to generation。Edge Qin、Austin's main representative analysis of the law school emphasizes the analysis of legal concepts，Relying on logical reasoning to determine applicable laws，Decisure the inevitable connection between the law and morality。Social Law School represented by Pound pays attention to legal social purpose and effect，Emphasize the integration of different social interests。After the 1960s，Ecos、Karabreis、The legal economics representative represented by Bosner began to rise in the United States，The concept of focusing on economics、Thinking to understand and analyze the law，legislation、Judicial and legal research has a profound impact。

Different schools of understanding and questioning of the nature of the law，The purpose is to hope that the good law is good and good，But the foundation of the argument is essentially different。Classical Nature Law School、History Law School、Social Law School established an abstract concept、Macro historical and complex overall，Analysis of the specific specifications and comparative reality of the law and legal economics faction。But analyzing the law school does not pay attention to what the law should be，The legal economics school focuses more on comparison and selection。

Based on reality，Not only the theoretical doctrine of the legal person is not only concerned about abstract theoretical doctrine，It is the understanding and application of the law。Behind the law is the concept of justice of moral philosophy，Is it an analysis of cost income for economic logic? Try to explain this in this article。

Example 1，Litigation timeliness system。On the civil law，It stipulates Bet365 lotto review that right holders do not exercise their rights within a certain period，That is to some extent the loss of request benefits，Known as the timeliness system of litigation。From the perspective of fairness and justice，Because of the time after time, you need to deprive your rights，It's too cruel。But in reality，Stipulate that the timeliness system of litigation is the general national law。For this，Wang Zejian gave four reasons: First, protect the debtor，Avoid long time due to time，Difficulty of proof，To suffer from no benefit; the second is to respect the existing order，Maintaining the peaceful law; the third is the sleeping person in rights，Not worthy of protection; Fourth, simplify legal relationship，Reduce the burden on the court，Reduce transaction costs。A word to cover it，It is a cost -based consideration and measure of the interests of the creditors and the debtor。

Example 2，The civil behavior system of minors。Due to a single individual social experience、Different cognitive ability，The most fair and just legal provisions should be passed through psychological test，Single measuring the mental development of minors、Social Cognition，On this basis。But in reality，The legislation of various countries take age as the basis for judgment。This simplicity regulations will inevitably sacrifice case justice，But simple and easy to go，No additional identification cost。

above two cases，The laws and regulations are difficult to say fairness and justice。Behind the choice of legislators，Potential cost income considerations are expected，This consideration is the logic of the economy。

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Why is the logic of the economy behind the law，Not fairness and justice? The first reason is: fairness and justice is belief (belief)，instead of facts (fact)。Belief is a normative thinking，To put forward some principles first、Concept or value，further inference based on this。So，These principles、The concept or value can be regarded as a premise of preset。People expect this premise to be simple and self -clear、Unanimously agreed，But in reality, it is often impossible to do。

Factive thinking，It is an empirical thinking。It has no premise or position，Instead of actual situation、What has happened、The phenomenon that appears is material，This summarizes bet365 live casino games some "laws"。If these rules are generally established，It can be used to explain similar or other social phenomena。Law as the common social norms of human life，Need to be based on factual consensus，instead of confrontation based on concept。Analysis of cost income，Is a factual result -based thinking，is verified。

　　choice and measure

Ancient Roman French saying: "For justice，Even if the sky is cracking! "But in the specific situation，Different positions of the two buildings，Often there is a completely opposite conclusion for justice。Which party's justice is more "justice"? Persine's point of view is "the pursuit of justice，Can't ignore the price "。Uncomfortable justice，But the price can be measured。The cost itself is a cost -income analysis。

For example，The proxy system makes the legal consequence，For the agent, right and wrong。Good faith acquisition system harms the interests of the real owner，It seems that it is not justice。But why do the law make this institutional arrangement? The theory of classic civil law will reveal the principle behind it is to maintain transaction security。But in the context of moral philosophy，Which is more important to transaction security and fairness and justice? Obviously fairness and justice。but the law protects transaction security at the cost of sacrificing the interests of the real right holder，It made a choice in the conflict of value: the value of transaction security as a higher level value。This reflects the economic logic of cost income analysis，Not the logic of Taoist philosophy。

　　Concepts and tools

The belief of the legal person adheres to fairness and justice，It seems to be more lofty than the cost of focusing on economists。But from a macro perspective，Whether it is fairness, justice or cost income，Tools used to describe the real world。

The concept of justice is extremely broad，with strong subjectivity。In the case where the concept cannot be achieved in the concept of abstraction，You need to use more specific and solid facts to enrich its connotation。For example，On the question of how to compensate different individuals who died in the same traffic accident，There have always been controversies of "same life and the same price" and "different price"。"Equality of Life" is an abstract moral concept，But because of the region、rich and poor、Culture、Bet365 app download Differences in the environment，"Life is not equal" is a specific visible fact。Make compensation for "the same price and the same price" based on the concept of equality，inevitable inequality of the return of the family members of the deceased's family members。Differentiated compensation made based on the facts of unequal life，will be criticized by "different prices of the same life"。The essence of the question is: the function of death compensation is to buy life with money，still let the family of the deceased return to the life of the past。Fill in different connotations of "justice"，will lead to different conclusions。Obviously，Buying life with money is not convincing，Based on the compensation and help of the family of the deceased，Economic logic can find alternative tools for us to solve problems。

Value that cannot be measured for many concepts of fairness and justice，You can try to seek answers from cost gain logic。For example，Single -bottom version、Wedding photos with high personal commemorative significance are accidentally damaged by photography companies，How to compensate? This involves the value measurement of commemorative items，Under the concept of fairness and justice is unsolved。But from the perspective of risk prevention and risk burden，To determine the subject and responsibility of the risk to determine the risk bearing the "minimum defense cost principle"，provides an operable legal solution。

　　individual and overall

Law is a social norms that the public complies with。Design of the legal system，Itself is also a system selection。For example，Two adjacent plots on the ground，Seed wheat on the left，Nights on the right，The situation of cattle Yuezhong eating grass may occur，Should the law be prevented from raising cattle on the right? Factory production produces noise，Affects the surrounding residents，Should the law prohibit factory production? Standing on different positions，The conclusions obtained are completely opposite。Based on the concept of sacred and inviolable private property and prohibit cattle raising，or the concept of human survival stability protection is prohibited from opening a plant，All are optional legislative solutions。

Not this is the other choice，Of course, the interests of one party can be fully guaranteed，But consider from the overall interests of the Bet365 lotto review society，But it is not the best institutional arrangement。Nobel Prize winner、The founder of Legal Economics Cos in the "Social Cost" solution is: through definition of property rights，Consultation for transaction costs，The best allocation of resources。In other words，Internalization of external costs surpassed the individual's fairness and justice，It may be a better resource allocation plan。

　　Legislation and Justice

Language expression of legal norms is usually highly abstract，This can maintain the universality of real life。But the real problem brought by this abstract expression，is the diversity of interpretation of the text。In other words，Legislators use a point of abstract concepts in legal specifications，When the judge faces the real time of society，May become a circle。Facing a new type of case，There may be legal loopholes、Legislative blank，There may be a possibility of multiple explanations。In the case referee，Facing the dispute between the two manufactures，What kind of explanation can better reflect the original legislation? What kind of explanation of the judge，Is it better referee or institutional arrangement? The end of the legal interpretation is value judgment。Moral Philosophy、Concept of fairness and justice can provide demonstration for value judgment，But it is difficult to make everyone recognize and convince，Economic analysis is one of the options。

For example，The emergence of online taxis has impacted the traditional taxi industry，Caused the value of the taxi license to degrade。When there is no answer in both legal and jurisprudence，It should be supported to participate in the competition，Or the interests of the taxi industry and drivers? In 2016, the "Illinois Transport Trade Association and the Internet Car Ranning Company Case" in the U.S. Seventh Circuit Court of Appeal Court，Taxi company thinks the same service、Different regulatory standards lead to damage to their own interests，Affairs its property rights。The case of the case is the legal economist Posna，He pointed out in the judgment，"Property" cannot exempt competition。Dangxin or new mode Born，usually affects and impacts old technology or old mode。If the old technology or the old mode is based on constitutional rights，Eliminate new things，It may lead to stagnation bet365 live casino games of economic development。So，The depreciation part of the taxi license license is not the property right protected by the constitution，but the result of market competition。This judgment is not based on simplicity、The concept of justice，Instead, I made interest selection from the perspective of "looking forward"，It is undoubtedly the logic of economic。

　　Criticism and response

Noble sacred sacredness of "fairness and justice"，"Maximizing Fortune" seems to be full of copper odor，Therefore, many legal people think about economic thinking、Economic logic often has instinctual exclusion。Mathematics of economics methods，It has also become a knowledge barrier for many legal persons for economic analysis。other，The concept of "Economics Imperialism" is implicitly implied the law of economics、Law erosion。More direct criticism of the economic analysis of the law is: the life and dignity of the person maintained by the law，Can I measure it with money?

But these criticism of legal economics，Itself originated from misunderstanding of economics，It is necessary to clarify。First，Economics is a discipline that discusses the choice of human behavior，not the discipline of "making money"。The essence of selected is to achieve better use of limited resources，This purpose is not only applicable to the value pursued by the law，And suitable for more human behavior。Second，Evaluation criteria for economics are not "maximum wealth" but "maximum utility"，So money and wealth are not the value orientation of economic analysis，"Effective" is。For example，"Value life，Love price is higher。If it is free，Both can be thrown "。This is the economic logic that is reflected in this: bring life、Love、Sort the effectiveness of the free three，Select on the basis of sorting -not "for money，Abandon life、Love and freedom "。third，Economic analysis is not equal to mathematics。Mathematics is one of the tools for economics，but not the essence of economic analysis。Coses in its classic thesis "The Nature of Enterprises" and "Social cost issues"，Only using elementary arithmetic to explain at most，Deep logic behind the legal and institutional arrangements can still be explained in a simple way。

Maybe someone will say，For thousands of years，Economic analysis without legal，The law can also Bet365 lotto review operate by itself，Law also has accumulated fruitful results。but after 1960，The rise of legal economics，undoubtedly bring new nutrients for the development of law、Inject new blood，Make this ancient traditional discipline connotation richer。For example，We can now assume that the earth is flat，Eating, drinking, playing、Food, food, housing and transportation、Garrier Building can be as usual。But if we have a wider perspective，Knowing that the earth is round，Our understanding of the world will be more complete。

Therefore，The economic analysis of the law allows us to have a deeper understanding of the law，It also provides a valid tool for the implementation of the law。Economic analysis is not equal to higher mathematics，Its essence is based on cost -based analysis and effective comparison，Make better behavioral choices and institutional arrangements。Tools for economic analysis can be available、Can be used and can be verified。Behind the law is the logic of economic!

　　(The author is a professor at the School of Law of Shanxi Normal University; Professor of the School of Management of the University of Science and Technology of China)