The Bud And Development Of Law And Economics Before The 19th Century

Law and Economics is a subject which pays attention to analyze legal system and juridical act by the theory and methods of economics. We can say that it is one of the fastest developing subject in economics and jurisprudence after the 70s of 20th century and more and more scholars pay attention to it. Law and economics is generally considered rising in the 60s of 20th century, in the United States and its symbol is the Ronald H. Coase's earlier classical "social cost". In fact, the appearance and development of the thoughts of Law and Economics are much earlier. Having Law and Economics thoughts can be traced back to Adam Smith,Jeremy Benthaam Beccaria, Marchese di or even much earlier. However, whether domestic or foreign scholars seem to be not interested in what have happened before 1830. Paying attentions to the bud and development of Law and Economics before the 19th century is only as to do background introduction, which has not been fully and systematically researched. Papers and works which pay attentions to it hardly occur. In fact, it should be paid much more attentions by Law and Economics economists because it is extensive and profound; because it seems that the thoughts in this period are simple and plain, but they bud many thoughts of modern Law and Economics; because it gives direction to modern Law and Economics. In fact, by re-examining the scholars and thoughts from this period, we will get many useful revelations and a lot of new ideas. What's more, there will be a lot of surprising discoveries and we will grasp the orientation of Law and Economics.Before the 19th century that the period of the bud and development of Law and Economics, Plato in ancient Europe is the first one who has thoughts of Law and Economics. Plato defines laws as the symbol of justice, which is defined as "division of labor" causes laws safeguard "division of labor" in order to promote rapid economic development. Plato is the first one who explains the law is critical for economy in such a macro sense and how the law can safeguard economic development (That laws safeguard "division of labor" realizes the most important concept of human society-justice.) and build "The Republic". As Plato's disciple and one of three illustrious persons in ancient Greece, Aristotle inherits and develops his teacher's thoughts about Law and Economics. His thoughts about "the proportion between crimes and punishment" and "motivation theory" enlighten Cesare Bonesana Beccaria and Jeremy Bentham. During the period of Roman Empire, Roman jurists formulated and promulgated a series of codes such as "Law of the Twelve Tables", which contain a large number of Law and Economics thoughts——such as realizing "rational man" of economics meaning and claiming that laws make it a precondition and should safeguard it and do not interfere when "ration" can play a role. What's more, when we compare "Law of the Twelve Tables" with "Law Scripture", we can better understand Law and Economics thoughts are valuable.After middle Ages, a lot of Law and Economics thoughts continued to come into being. Many ideas were of great value and significance. As the founder of modern political economics, William Petty, his thoughts of Law and Economics are full of economic thoughts, which is the very notable feature of his thoughts. This can be seen from his discussions on how to safeguard labor force to promote the social welfare by penalty and how to resolve legal issues by "utility theory". Beccaria, Marchese di, as a well-known Italian jurist for future generations, the most famous thought of Law and Economics is "the Proportion between Crimes and Punishment". This theory has a profound influence, from which many people absorb nutrients and are inspired. After Beccaria, Marchese di, Jeremy Bentham is the founder of the theory of "Benthamism jurisprudence——Positivism jurisprudence" and the epitomizer of "Utilitarianism" before the 19th century. His theory reflects Law and Economics thoughts here and there. Adam Smith who is contemporary with Jeremy Bentham is the epitomizer of the thought of Law and Economics before the 19th century and the originator of economics. He is the first man who gives economic analysis from macro perspective. Today his ideas and discussions on "primogeniture" and "the act of entailing" which are important parts in modern Law and Economics are still accepted and thought important by people. Meanwhile, Adam Smith summarizes,inherits and applies thoughts of Law and Economics of predecessors. In a word, Adam Smith is a veritable epitomizer of it before the 19th century.Based on this, the author decides to focus on the bud and development of Law and Economics before the 19th century to indicate that no only had Law and Economics existed before the 19th century, but also do Law and Economics thoughts and analytic approaches have considerable value and significance to today's Law and Economics even economics and jurisprudence. This paper systematically organizes,evaluates,summarizes and analyzes Law and Economics before the 19th century in order to build a systematical and complete picture of it, which will fill the blank which is huge and valuable in today's Law and Economics. With other scholars' introduction and summary about the development of Law and Economics after the 19th century, we want to make the history of economic thoughts about it completed to provide a solid foothold for future generations' researches. If we can make them move forward better, this paper is valuable.