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A Study On Posner's Utility Maximization

Posted on:2005-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:M LiaoFull Text:PDF
GTID:2156360122992763Subject:Foreign philosophy
Abstract/Summary:PDF Full Text Request
Richard A ?Posner is the most excellent and influential legal thinker of Jurisprudence of Economic Analysis from the seventies of the twentieth century. He integrates economics ways into substantial episteme of legal theory and system, for establishing the foundation on Economic Analysis of Law, which not only brings about great challenges against law's traditional methodology but also contributes to the basic jurisprudence theory enormously. Posner's magnum opus-Economic Analysis o/Law (1973) -which helps pioneer the thriving field of law and economics, has been regarded as the fullest and deepest classic book . For studying Posner's legal theory, the paper attempts to go through his utility maximization as well as find out more available enlightenment. The first part talks about the background and principles of Jurisprudence of Economic Analysis from economics way, which construct the system of Posner' utility maximization including jurisprudence, economics, ethnics, pragmatism etc. The second part focuses on discussing utility maximization. Economics words such as efficiency, utility, maximization and so on can be utilized to solve special problems of law domain and offer the practice of law an achievable aim. Posner never bring the study on utility maximization to an end. He is trying to break the ties of traditional utilitarianism in order to establish an open efficiency system of law. At last, the paper gives some advices about how to combine utility maximization with reformation of law in China. I hope it can advance the path to utility that is adaptable to the situation of China.
Keywords/Search Tags:Posner, Utility, Maximization, Jurisprudence of Economic Analysis, Pragmatism
PDF Full Text Request
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