马克思和恩格斯的法经济学思想探析

Marx's and Engels' s Thoughts about Law and Economics

对法律进行经济分析并非是波斯纳等西方法经济学者的专利,马克思和恩格斯在自己的多部著作中早就形成和发展了自己的法经济学思想。与西方法经济学相比,马恩法经济学思想虽也关注法律效率,但它却是以历史唯物主义为内核,运用整体主义方法论来探讨人类社会法律制度的整体变迁,较为宏观抽象。可以说,马克思和恩格斯不仅开创了法经济分析的唯物主义先河,而且还为西方法经济学学科的形成奠定了深厚的理论基础。他们两人堪称法经济学的伟大先驱。

It is not the patent belongs to the western Law and Economics scholars like Posner to make economic analysis of law.Marx and Engels had already formed their own thoughts about Law and Economics in many of their works.Marx's and Engels's thoughts about Law and Economics also paid attention to efficiency,but compared with the western Law and Economics,they seemed more macroscopic and abstract,because they took Historical Materialism as their core and explored the whole alteration about the society law with holism methodology.In general,Marx and Engels not only initiated the materialistic economic analysis of law,but also established the theoretical foundation for the western Law and Economics.So they should be respected as the great pioneer of Law and Economics.