Ekonomska analiza prava i dinamika savremenog pravnog poretka

Mihajlović, Aleksandar (2024) Ekonomska analiza prava i dinamika savremenog pravnog poretka. In: Međunarodni naučni skup/International Scientific Conference "Dinamika savremenog pravnog poretka/The Dynamics of Modern Legal Order", Čelić, Duško i Radulović, Srđan (urednici/eds), (zbornik sažetaka/collection of summaries). Univerzitet u Prištini, Pravni fakultet, Kosovska Mitrovica : Institut za kriminološka i sociološka istraživanja : Institut za uporedno pravo, Kosovska Mitrovica : Beograd, pp. 133-134.

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Abstract

Economic analysis of law (known also as Law and Economics) represents a unique combination of two scientific disciplines, law and economics, which goal is the application of economic principles (primarily microeconomic theory) in order to explain different legal institutes. Society is characterized by limited resources, such as natural resources, clean air, human capital, time, etc., and because of that it is necessary to make rational decisions in the context of their usage, in order to increase general well-being. In this sense, the modern legal order is faced with numerous challenges, the demand for an efficient and effective application of legal norms is raised, which justifies their adoption, this consequently affects the increase of trust in political actors who are an indispensable factor in their creation, and encourages the overall economic development. The subject of this paper is the economic analysis of law and its application to the field of labor market discrimination and judicial protection from discrimination through anti-discrimination litigation. The aim of the research is to explain an economic side of discrimination on the labor market and the necessity of legal intervention, as well as specific legal and economic incentives which encourage victims to protect their rights through the anti-discrimination litigation. As a methodological framework, the following methods were applied: the doctrinal approach for the analysis of specific anti-discrimination legal solutions in the Republic of Serbia, the descriptive method, and the method of economic analysis of law, with a special focus on neo-institutional economics.

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