"ECONOMIC ANALYSIS OF LAW" "Critically analyzing the relationship between the law and economics"

03 September 2025, Version 1
This content is an early or alternative research output and has not been peer-reviewed by Cambridge University Press at the time of posting.

Abstract

The relationship between law and economics is deeply rooted, with private law areas like contracts and property directly impacting the economy. Governments in capitalist and industrialized nations use law to regulate markets, encourage trade, and redistribute wealth. Economic theory, in turn, provides tools for consistent and efficient legal practices, viewing law as a means to maximize societal wealth and satisfaction. Economics offers a framework to predict the effects of legal sanctions on behavior and evaluate laws based on their impact on efficiency. Laws serve significant social goals, and efficiency ensures policies achieve these goals at the lowest cost. This research focuses on assessing the economic value of contracts and property from a legal perspective. It examines how the theory of law and economics influences commercial law and evaluates the impact of modern developments on commercial transactions through the lens of critical legal studies.

Keywords

wealth redistribution
economic efficiency
wealth-maximization
effective breach
economic loss
damages
specific performance
economic analysis of remedies
bargain theory
property rights
private ownership
possessory right
profit maximization
undue influence
unfair contract terms
utilization
economic rationality
criminal behavior
deterrence
cost-benefit analysis
marginal deterrence
punishment
crime prevention
recidivism
rehabilitation
economic costs of crime

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