From The Legal Economics To Behavior Law Economics Logical Thinking

In recent decades，based on increasingly complexity and diversity of the human economicactivities，people’s cognition degree about the world economy is gradually deepening. Lawand economics with rational choice theory has been questioned and challenged, therefore, Itlost its traditional advantages in the analysis of many economic phenomena. Some"anomalies" departure from the rational choice theory is gradually into people’s vision scope,questioned the behavioral law and economics at this time for the rational choice theory ofrational expectations, the utility maximization, stable preference, with information processingability fully four assumptions made serious, and further pointed out that people in the realworld real behavior limited rationality, limited will, limited self-interest, and it is these factorsencourage people to make with the rational choice theory opposite decision.This paper starts from the historical overview of the economics of law about theeconomics of law, to trace to its source, to explore the law and economics in China and eventhe whole world history of the development process. Finally, discriminate the rationalselection bias from the theoretical logic angle, and perfect it on logic, in order to show thelogical significance of behavioral law and economics. It is based on the analysis of the aboveaspects, we can clearly reveal the behavioral law and economics has theoretical and practicalprospective.This paper mainly contains the following five parts:The introduction explains the research method of central vein, to clear the writing purposeand the writing process.The first chapter introduces the historical process of law and economics, and thedevelopment of the discipline of history, cleaning of the economics of law, in order to knowmore about the laws of the discipline of economics in the world and China’s development andcurrent status. Especially the basic method of this subject of study--the rational choice,which needs to be paid attention. The second chapter expounds the theoretical foundation of law and economics, rationalchoice theory, points out that the rational choice theory and the classical hypothesis in theDepartment of law application, on this basis, study mainly exist in the real world a largedeparture from the rational choice theory "abnormal phenomenon", and points out that therational choice theory has the one-sided emphasize complete rationality, ignoring conflictbetween individual rationality and collective rationality, ignoring the relationship betweenhuman and environment, the mechanical assumptions limitations of full information andcompetition cannot be ignored in the theory and the reality.Economics of law of classical economics theory revision and supplement in the thirdchapter, focusing on the real world of human rationality is limited: limited rationality, limitedwill, limited self-interest and its characteristics.The fourth chapter discusses the rational choice theory from the angle of deviation ofdeductive reasoning, further points out the inconsistency of the rational choice theory in logicand reality, and through the use of logic knowledge, to show the behavioral law andeconomics is intended to highlight the theoretical research and policy practice.