Comment On Law And Economics Of Private International Law

Law and economics is a branch of economics. It originated of the field of economics and grew up also in this field. It is a manifestation of the idea of economics which influence the other fields of social science. Although there are a lot of people opposite the phenomena of"the empire of economics", it is an inevitable trance. In the development of economics, it obviously has relationship with the others disciplines, and what's more, it will influence their theories. The reason is clear, the theory of economics is comprehensive and nobody can live without it.Private international law is a very difficult discipline. The theory of economics has influences this field very late. The first article of law and economics of private international law is conflict law and federal system written by Professor Baxter. In the following 50 years, lots of scholars joined in this field. Although we have gained many working papers and some success, this discipline give us the impression of confusion. In the whole, this is a discipline which lack of reflection and thinking. The author try to find out the rule of development of law and economics of private international law; how many steps that it can be divided; what kind of problems that it has met during its history; Law and economics of private international law is very young and as its first period of development. The author hopes that we can synthesize all the work that we have done in this field and supply a support of theory for the further studying.The people who firstly used these methods of economics to the problems of law were the economists. Later this idea came into law school from the school of economics. Many law workers hope that they can use the ideas of economics to resolve the puzzles of law or to explain the phenomena of law. But, the templar usually has different thinking from that of economists. We must accept that the deeper thought comes from the economics, but both of them have limit. On hand, the economist paid more attention to the fields which connect with the market, such as contract, torts, anti-dumpling, and so on. On the other hand, the economist lack of the systematic theory of law to support their explanations. With the development of economic, a lot of traditional field also need to be well explain with the method of economics, such as marriage, heritage. Actually, the limit of legist is mortal, because the knowledge of economics is so difficult that it has the disharmonious phenomena when the legist applied this method on the problems of law.The private international law is a very special field of law, comprehensive, complicated and rough-and-tumble. As we have already said, the method of economics affected this discipline very late. The private international law has also many branches, for example, contract, torts, marriage, ect. Not only this special problem lack of explain by the theory of economics, but also the field as a whole lack of introduction from this point of view. All the people in this field accept that the first person who expressed his affection for method of economic was Professor Baxter at 1963 whose article is choice of law and federal system. After that, many scholars joined in this movement. So far, the history of law and economics of private international law has totally been about 50 years, but, it still gives us an impression of confusion. The scholars study individually, they think little about the other person's work and the whole situation of this field. This is partly because the features of these two disciplines. The author in this article tries to find out the phases of his history, it has still a lot of problems, and what are these problems. Although the private international law has developed almost 50 years, it is still at a stage of elementary. So the author hopes that we can supply a background of theory of law and economics of private international law to the future study through our effort.But we should know that law and economics is the branch which uses the methods of economics. First of all, we should be familiar with the theory of economics. Otherwise, what we will work in this field will lack the base. This is a problem that we face now. All the people who study the law and economics of private international law are legist but no economist. They have no systematic knowledge of economics. So they can not draw the very compelling conclusion when they use the method of economics. Some people think that the law and economics of private international law is founded on the faith of the method of economics but not a base of science. The author wants to judge of the law and economics of private international law from the point of view of basal theory of economics. I think that the basic knowledge is very important.I want to divide this thesis into six parts. In the first part, I will introduce why I want to write this kind of article and where the inspiration comes. The second part, I want to explain the basal theories of economics which have been always used in private international law. The third part we introduce the history of development of law and economics of private international law. The forth part, we will find out the main content of law and economics of private international law. In fact, the coming of the methods of economics does not bring a new way to resolve the conflict of laws between the different countries. The scholars simply use the economical method to discuss the problems which we have discussed for a long time. Maybe they can give a new look. The fifth part is concerning the differences between the common law and civil law on law and economics of private international law. The last part, we draw some conclusion from the study of law and economics of private international law.This article is a very basic study of law and economics and the application the method of economics on private international law. The basic study of law and economics of private international law can help us to improve the ability of study and clarify the direction of study. This is very important for the discipline.