On The Basic Theory Of Posner's Legal Economic Analysis

Posner in an empirical method to analyze the formulation and implementation of a system of the costs and benefits,in the perspective of pragmatism to judge a legal system.Apart from its unique and innovation of methodology,but the system of legal system of the formulation and operation effect of live show in front of us,change before the altar position of the legal system,to break the law doctrine study is monopoly.It let us see the dynamic law,closely integrated with reality of laws.Probably the most useful is that is beyond the scope of the legal community,people can't understand method teaching rotation system.Posner over-emphasized the charm of rational economics,however,ignores the finiteness of the human reason,the dispersion of knowledge,so as to form since the birth of spontaneous order.Posner just use "maximize trading" to build the legal system itself is the purpose of the infringement on the freedom of person,who is the mill's independent personality,regardless of the value diversification of everyone in the society.