Methodological dimensions of Law&Economics
Abstrak
The article examines the methodological dimensions of the Law&Economics approach as an interdisciplinary research program that combines the tools of economics and jurisprudence. The relevance of the study is determined by the need to develop a common methodological language between law and economics in the context of digitalization, globalization, and the transformation of legal institutions. The purpose of the research is to analyze the methodological nature, essence, and variability of Law&Economics, with a focus on identifying its methodological levels. The methodological essence of Law&Economics lies in interpreting law as an institutional mechanism for shaping incentives and influencing the behavior of actors, which makes it possible to assess legal regulation in terms of efficiency and social welfare. The methodological nature of the approach is defined by the combination of positive (descriptive and predictive) and normative (prescriptive) analysis, using the tools of microeconomics, rational choice theory, game theory, public choice, and institutional economics, while also incorporating insights from behavioral economics. The variability of Law&Economics is revealed through its multi-level character: it functions as a method of analyzing legal norms, as an interdisciplinary scientific approach, as a research program (in the sense of I. Lakatos), as an intellectual movement, and as a paradigm of thought that provides new frameworks for legal science. The scientific novelty of the study lies in the systematization of the methodological levels of Law&Economics and the identification of their criteria. The practical significance is manifested in understanding the potential and particularities of Law&Economics and its use for improving law-making, law enforcement, and legal education, especially in the context of Ukraine’s European integration. A promising task is the development of a conceptually coherent system for applying Law&Economics in the Ukrainian legal discourse, which would allow for the integration of domestic research into the global scientific context and enhance the understanding of the efficiency of law in contemporary socio-economic conditions.
Penulis (1)
O. V. Bogdan
Akses Cepat
- Tahun Terbit
- 2025
- Bahasa
- en
- Sumber Database
- CrossRef
- DOI
- 10.24144/2788-6018.2025.05.1.1
- Akses
- Open Access ✓