法经济学之“理性选择”理论及其发展走向-法理学专业论文.docxVIP

3 3 第三，用理性选择理论的过程理性、价值理性指导构造良好的法律制 度环境，促进法律制度设计最大限度地减少或消除偏差，使行为人的计算 能力和得到的信息符合最优决策的要求，引导选择主体理性决策。 关键词：理性选择 有限理性 博弈 法经济学 行为法经济学 PAGE PAGE 1 Abstract In this article, the essence of rational choice theory and the evolution of analytical tools were summarized separately from “utilizable” and “the value” aspects. The author affirmed the development direction of positivism and the value of this theory. Rational choice theory is the cornerstone of Economic Analysis of Law. At first it comes from Adam Smith “the economic man” supposition: self-serving individuals participate economical activities in order to maximize the benefits for their selves, and those behaviors will be by “an invisible hand” guided to promote public interests effectively, intentionlessly. Based on this, the Neoclassic Economic developed it into in the purely utilization significance. Its performance is: target –consistency, the author stably grasp the preferences to maximize his interests from beginning to end; method-uniformity, he could gain the complete information, own the perfect knowledge and judgment to calculate the economic interest; income-maximization, he could precisely calculate the expected utility, realizes the maximized effectiveness in certain restraint. This kind of “the perfect rationality” is subjected to Behavioral Law and Economics scholars judgment. Simon first proposed that “the bounded rationality”, which thought the person in the economic decision-making process faced with two kinds of limitations: the cognitive capacity and the computing power. Daniel Kahneman, Amos Tversky, Sunstein, Thaler and other scholars leaded psychology theory, the results of the laws of economics, questioned the rational choice theory of rational expectations, utility maximization, stable preferences, complete information, to reflect the real human behavior: bounded rationality, limited circumstances, as well as limited self-serving, From the aspect of valuation, American law economical scholar