Volume 27, Issue 99 (fall 2022)
__Judicial Law Views __2012__, 27(__59__): __22452 |
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Rahpeik S, Farahzadi A. Examining Efficiency as a basis for enforcement of legal rules. دیدگاههای حقوقی 2022; 27 (99) :25-52
URL: http://jlviews2.ujsas.ac.ir/article-1-2078-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-2078-en.html
1- Professor of Private Law, University of Judicial Sciences and Administrative Services,Tehran,Iran
2- Associate Professor of Islamic Jurisprudence, University of Judicial Sciences and Administrative Services, Tehran, Iran
2- Associate Professor of Islamic Jurisprudence, University of Judicial Sciences and Administrative Services, Tehran, Iran
Abstract: (311 Views)
Utilitarian and wealth-maximization readings have always been two main perceptions of efficiency. Philosophers and jurists have proposed both of these readings as the basis for the enforcement of legal rules. As a normative criterion, Followers of efficiency claim that the ultimate goal of legal rules should be to maximize utility or wealth. In the history of law and economic analysis, four main reasons have been used to defend efficiency: utilitarian, libertarian, conventional, and ultimately pragmatic. Critics, however, believe that the arguments that are supposed to reinforce the claim of maximizing efficiency face many ethical problems. At the same time, the concept of increasing wealth as the ultimate goal is not internally coherent. In this paper, through descriptive-analytical methods, the efficiency concept and efficiency evaluation criteria in both utilitarian and wealth-maximizing readings is analyzed. Finally, it was concluded that efficiency cannot be accepted as the fundamental norm and the core value of rights. Nevertheless, the positive value of economic analysis will remain & Its importance as a fact of economics will not be diminished to legislators.
Type of Study: Research |
Subject:
Pivate Law
Received: 2021/08/22 | Revised: 2023/01/25 | Accepted: 2022/10/29 | Published: 2023/01/25 | ePublished: 2023/01/25
Received: 2021/08/22 | Revised: 2023/01/25 | Accepted: 2022/10/29 | Published: 2023/01/25 | ePublished: 2023/01/25
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