出版社：Escola de Direito de São Paulo da Fundação Getulio Vargas
摘要：THIS ARTICLE DISCUSSES THE RELATIONS BETWEEN FORMALRATIONAL LAW, MODERN STATE AND THE CAPITALIST ECONOMY IN THE ANALYSIS MAX WEBER. THE ROLE OF RATIONAL LAW AS A PRECONDITION TO CAPITALISM IS EXAMINED, ON THE ASSUMPTION THAT SOME OF ITS FEATURES ARE REQUIRED TO PROVIDE LEGAL CERTAINTY, ESSENTIAL TO ECONOMIC CALCULATION. THE CENTRAL IMPORTANCE OF CONTRACTING FOR CAPITALIST ECONOMY IS DISCUSSED, IN THAT SOME KEY ELEMENTS FOR ITS FUNCTIONING – PRIVATE APPROPRIATION AND TRANSACTIONS – OPERATE BY MEANS OF PRIVATE CONTRACTS GUARANTEED BY THE STATE LEGAL SYSTEM. IT ALSO DEALS WITH THE – RECIPROCAL – CAUSAL LINKS BETWEEN LAW AND ECONOMIC ACTION, AND WITH THE EXISTING LIMITS TO THE EFFECTIVENESS OF NORMS ON THE BEHAVIOR OF ECONOMIC AGENTS. LASTLY, SOME FIELDS OF RESEARCH ARE SUGGESTED WHICH CAN BE TREATED UNDER THE WEBERIAN APPROACH, CONSIDERING HOW THE WORKS BY THIS AUTHOR TAKE A FAIR ACCOUNT OF THE COMPLEXITY OF THE RELATIONS BETWEEN LAW AND ECONOMICS, THUS GIVING A MAJOR CONTRIBUTION TO SET A COMMON OBJECT OF STUDY.
其他摘要：THIS ARTICLE DISCUSSES THE RELATIONS BETWEEN FORMALRATIONAL LAW, MODERN STATE AND THE CAPITALIST ECONOMY IN THE ANALYSIS MAX WEBER. THE ROLE OF RATIONAL LAW AS A PRECONDITION TO CAPITALISM IS EXAMINED, ON THE ASSUMPTION THAT SOME OF ITS FEATURES ARE REQUIRED TO PROVIDE LEGAL CERTAINTY, ESSENTIAL TO ECONOMIC CALCULATION. THE CENTRAL IMPORTANCE OF CONTRACTING FOR CAPITALIST ECONOMY IS DISCUSSED, IN THAT SOME KEY ELEMENTS FOR ITS FUNCTIONING – PRIVATE APPROPRIATION AND TRANSACTIONS – OPERATE BY MEANS OF PRIVATE CONTRACTS GUARANTEED BY THE STATE LEGAL SYSTEM. IT ALSO DEALS WITH THE – RECIPROCAL – CAUSAL LINKS BETWEEN LAW AND ECONOMIC ACTION, AND WITH THE EXISTING LIMITS TO THE EFFECTIVENESS OF NORMS ON THE BEHAVIOR OF ECONOMIC AGENTS. LASTLY, SOME FIELDS OF RESEARCH ARE SUGGESTED WHICH CAN BE TREATED UNDER THE WEBERIAN APPROACH, CONSIDERING HOW THE WORKS BY THIS AUTHOR TAKE A FAIR ACCOUNT OF THE COMPLEXITY OF THE RELATIONS BETWEEN LAW AND ECONOMICS, THUS GIVING A MAJOR CONTRIBUTION TO SET A COMMON OBJECT OF STUDY.
关键词：LAW AND ECONOMICS;FORMAL-RATIONAL LAW;CAPITALIST ECONOMY;CONTRACTS;PROPERTY RIGHTS;DIREITO E ECONOMIA;DIREITO FORMAL-RACIONAL;ECONOMIA CAPITALISTA;CONTRATOS;DIREITOS SUBJETIVOS
其他关键词：LAW AND ECONOMICS; FORMAL-RATIONAL LAW; CAPITALIST ECONOMY; CONTRACTS; PROPERTY RIGHTS
