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Ценность права в аспекте экономического анализа (на примере правовой теории Е.Б. Пашуканиса)
The question of the value foundations of law is usually considered in idealistic terms, as a question of what ideas, goals, and notions motivate a person to behave lawfully or deter him from doing wrong. This formulation of the question is correct, but it does not exhaust the problematic of values in law. Etymologically, the original meaning of the term "value" itself is the price, value, economic value of a certain object. And already in a linguistically secondary sense "value" indicates the ideal dimension of this object in terms of achieving some goals. In this perspective, value grounds do not necessarily mean higher goals - such grounds for law can be quite pragmatic considerations, including economic gain. The question of values in law can be discussed in two ways: as a question of the economic price of this or that action, and as a question of the higher, ultimate goals of this action. There is no impenetrable boundary between these two aspects because, in practical terms, human behavior is usually determined by both. This paper briefly discusses the methodological issues of studying the value foundations of law in the framework of economic analysis of law