ANÁLISE ECONÔMICA DO DIREITO: UM PRIMEIRO CONTATO - ECONOMIC ANALYSIS OF LAW: A FIRST CONTACT (original) (raw)

2023, Jursitec

Traditionally, when pronouncing the word law, one has in mind that it is a subject related to Law, an area of ​​knowledge whose suprascientific object of analysis, also called law (pay attention to the lowercase initial), is difficult to conceptualize. . This common correlation between the legal area of ​​knowledge (Law) and the law is due to the fact that law and law are synonymous in certain semantic contexts. Much due to the legal traditionalism rooted in Hans Kelsen's Pure Theory of Law, in addition to the bases founded by the legal positivism of Herbert Hart and Norberto Bobbio, who attributed scientific autonomy to Law through the prescriptive philosophical notion of should-be. However, despite the successful epistemological cut promoted by Kelsen, discussions regarding the semantic content of law remained both in the legal environment and in other sciences, such as Legal Sociology, History of Law and, above all, Economics, along the lines of proposal of this work. For Economics, one of the most irrefutable laws – or one of the rights – in the universe is the law of unintended consequences, from which the following statement can be extracted: “people respond to incentives, although not necessarily in predictable ways”. These incentives exist because people's countless needs expand indefinitely, while the resources to meet them are finite or, better said, scarce. Therefore, in order to satisfy their demands, each person tends to react positively to the best incentives and negatively to incentives contrary to their interests, given the scarcity and imminent conflict with antagonistic interests of other subjects in society.