MENGGUGAH FONDASI KEILMUAN ILMU HUKUM DALAM PENGAKUAN PERKAWINAN HOMOSEKSUAL DI MASSACHUSETTS MELALUI EFISIENSI EKONOMI
Abstract
Law and economics are two independent sciences that compliment each other in analyzing forms of legal issues. The limitations of each independent sciences in fact have brought these two came even closer in resolving the issue of the legalization of homosexual marriages in Massachusetts. As a scientific method, Law and Economics, also known as the economic analysis of law, explores the law and jurisprudence in new ways through different dimensions. The use of economics broaden the field of law especially as a tool to create incentives to change human behavior in achieving its objectives based on its idealism of efficiency. The use of Law and Economics in this writing provided economic rationales that the legalization of homosexual marriages in Massachusetts are efficient therefore the law shall produce rules that lead to the most efficient change that the society desire the most.
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References
Abdurachman, A., 1980, Ensiklopedia Ekonomi Keuangan Perdagangan, Paradnya Paramita.
Achmad, Ali, 2009, Teori Hukum (Legal Theory) dan Teori Peradilan (Judicialprudence), volume I, Kencana Prenada Media Group.
Addler, Matther D. dan Posner, Eric A., 2001, Cost-Benefit Analysis: Economic, Philosophical, and Legal Perspectives, University of Chicago Press.
Aristotle, 2002, The Athenian Constituion, London, Penguin Classics.
_____, 2004, The Metaphysics, London, Penguin Classics.
Bentham, Jeremy, 2011, An Introduction to the Principles of Morals and Legislation, British Libra-ry, Historical Print Editions.
Coase, R.H., 1960, The Problem of Social Cost The Journal of Law and Economics, Vol.III, The University of Chicago Press.
Cooter, Robert dan Ulen, Thomas, 2008, Law & Economics, 5th edition, Pearson Addison Wes-ley.
May, Larry dan Brown, Jeff, 2010, Philosophy of Law; Classic and Contemporary Readings, Wiley-Blackwell.
Morrison, Wayne, 2002, Jurisprudence-from the Greeks to Post Modernity, Cavendish Publishing, diterjemahkan oleh Zhang Wan Hong.
Polinsky, Mitchell, 2003, An Introduction to Law and Economics, 3rd Edition, Aspen Publishing.
Posner, Richard A, 2007, Economic Analysis of Law, seventh edition, Aspen Publishers.
Shavell, Steven, 2004, Foundations of Economic Analysis of Law, Belknap Press of Harvard University Press.
Sugianto, Fajar, 2013, Economic Analysis of Law, Seri Analisis Ke-ekonomian Tentang Hukum, Seri I, Kencana Prenada Media Group.
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