Abstract

LEON QUIROGA, Luis Fernando. LEGAL AND ECONOMIC INSTITUTIONAL ANALYSIS. Novum Jus [online]. 2021, vol.15, n.1, pp.223-250.  Epub July 29, 2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2021.15.1.10.

The analysis of complex social phenomena is undertaken through various perspectives: law, economics, sociology, politics, psychology, among others. Each one has a specific, more or less differentiated, methodology or approach to grasp the dimensions of said phenomena. Hence, the purpose of this article is to assess the convenience of using an interdisciplinary approach that combines law and institutional economics as a tool of analysis. I use the term "law and economics" instead of "economic analysis of law," as the latter is a discipline applied inherently by economists, while the former approach implies the equal implementation of these two disciplines with less rigor, but greater a scope. To substantiate this claim, the article briefly considers the notion of property using the tools of institutional analysis and modern legal theory of systems. As a result, the article makes a comprehensive outline of the essential aspects of property within economic and legal science, as well as justifies the use of the law and economics approach.

Keywords : economic analysis of law; economic law; neo-institutionalism; property; possession; private law; public law.

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