The Law and the Economics: errors of simplified understanding

Volodymyr Machuskyy

Understanding of the law is impossible due to a random personal view of the law and requires an universality. A naive understanding of law is the consequence of assigning to the Law the subjective external definitions - for example, economic analysis of law.

Economic analysis of law leads to conclusions about the ineffectiveness of the legal system compared with the market system (Posner). However, the so-called inefficiency of law or legal norms has nothing to do with the law.

The cause of non-infectiousness of law is not the law as itself. The reason is the people who use the Law. Legislation and court decisions may be unfair. But the Law is always the justice regardless of the people, the place or the time.

The Law and the Economics have a different nature, and hence a different purpose. The law is a justice, and the economy is not justice and the economy cannot be a surrogate of the law. Simplified understanding of law is a means of leveling the law to the ordinary tool of the economy.

The economy brought to the highest degree of expediency only seems as the law but certainly one is not the law. Economic law is an unfair justice or nonsense.

Economics is not and cannot be a means of knowledge of the world. The world is formed not so much from economic relations, but, first of all, from relations between people. At the heart of relations between people is not the economy, but the law and religion. Law and religion have common sacred origins.

The economy appears there and then, where and when the profit appears. The world can exist without economy and profit, but the world cannot exist without the Law.