行为法律经济学:新知还是旧论——波斯纳与桑斯坦等的论战及其意义

Behavioral Law and Economics:The New Knowledge or the Old:The Debate and Its Significance between Posner and Sunstein

行为法律经济学的新近崛起挑战了主流法律经济学的理论公设,拓宽了法律的经济分析的研究领域,但同时也引起了主流学者如波斯纳等的诘难。双方在理性概念、经济学行为研究方法的证据支持、"互惠人"模型及其法律应用等论题上展开了激烈的交锋。从整体上观察,论战各方其实只是名义之争,相互融合的趋势显然。作为这次学术论战的潜在影响,国内相关的理论研究和政策实践将会获得相当程度的促进功用。

The newly rise of behavioral law and economics has challenged the basic axioms of mainstream law and economics, and broadened the research field of the economic analysis of law. But it has also caused criticism from mainstream scholars such as Posner. The two sides were engaged in a fierce battle on such subjects as rationality concept, the evidence support of economics behavior research, the ＂Homo Recirocans＂ model and its law application. As a whole, the parties were actually engaged in the nominal dispure, and the trend of integration is clear. As potential impact of the academic debate, it will promote relevant theoretical research and policy practice in China..