- Methodology of Institutional Law and Economics

Document Type : Original Article

Authors

1 Assistant Professor, Department of Private and Economic Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran

2 Master of Economic Law, Department of Private and Economic Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran

10.48300/jlr.2023.404481.2379

Abstract

Law and Economics is an interdisciplinary knowledge that emphasizes the mutual relations between the law and the economics. Consequently, the evolutions made in the main field (especially economics) are effective in the studies of this knowledge. Each economic school having its own methodology has had a different impact on law and economics studies. Although the term law and economics was not used by early institutionalists, but the attention and emphasis of them on the mutual relations between law and economy has caused the term institutional Law and Economics to find its place in the studies of this field.
The term school (regardless of the ambiguity in the definition) helps the researcher to show that an approach despite being under a general scientific title (here law and economics) has different principles and methodology that differentiates the approach from other approaches (especially the mainstream (Chicago)). In the article, we are looking for an answer to the question of what the methodological principles of the institutional law and economics approach are?
Institutional law and economics, with an emphasizing on institutions and their temporal and spatial changes and on the interactions of activists in society using an inductive and descriptive method, tries to provide a realistic analysis of the legal actions of individuals in society and the functioning of institutions. The role of institutions, interactionism and belief in institutional constraints in choice are the main methodological principles of institutional law and economics.

Keywords