ECONOMIC ANALYSIS OF THE LAW AND ITS ROLE IN DETERMINING THE PENALTY FOR VIOLATING THE LEGAL RULE
Journal of college of Law for Legal and Political Sciences,
2020, Volume 9, Issue issue 34 part 1, Pages 136-149
AbstractThere is a strong and comprehensive relationship between the law and the economy beyond the axis of economic activities، as the effects of legal rules on various economic fields in the country prompted the jurisprudence to try to adapt the legal rules with the requirements of economic development، in order to obtain the maximum benefit and access to greater efficiency of legal rules and increase effectiveness. This efficiency can be achieved by applying the rule of maximizing benefits at the lowest cost to legal rules If the law punishes those who violate the legal rule and the economy means the optimal use of resources of limited scope، but it is not necessarily the law with the optimal use of those resources، here highlights the role of economic analysis through the use of the economy to know which legal sanctions more efficient than The application of tools and methods of economic analysis to the legal rules relating to criminal sanctions through the use of the cost-benefit relationship to evaluate such sanctions (the negative penalties for Freedom and financial sanctions)، greater economic efficiency through revenue and reduce expenditure development at one time the law grants In addition to the efficiency of financial sanctions in deterring those who violate the rule of law - some believe that money occupies an important position in people، so they are a strong deterrent to them from committing violations، the financial aspects of people are most likely to force them to abide by the rule of law - the adoption Financial sanctions An alternative punishment for short-term penalties for short-term freedom The state provides many of the expenses that are spent on penal institutions. Short-term penalties are imposed on large sums of money that burden the state budget in light of the growing financial deficit. E. Sanctions negatively affect the state's economy، while the state desperately needs to use these funds to solve more important and vital problems in other sectors such as health، education، etc ... At the same time، these sanctions can provide the state with substantial financial revenues.
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