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在法律中运用经济分析方法有其合理的一面,它可以在立法与司法两个层面保障个人的效益最大化,从而取得较好的社会效益。但是经济分析有其局限性,主要表现在成本比较与计算的难度以及个人效益与社会整体成本冲突等方面。而经济分析由于其推进社会的物质化特性而与法律正义存在一定的冲突。
It is reasonable to apply the method of economic analysis in the law. It can maximize the individual’s benefit from both the legislative and judicial levels and thus achieve better social benefits. However, economic analysis has its limitations, mainly in the cost comparison and calculation of the difficulty as well as personal benefits and the overall social cost conflicts and so on. Economic analysis has certain conflicts with legal justice because of its materialized nature of promoting society.