Contribution to the analysis of the discussion between moral philosophy and legal theory with Posner's realism: dimension of economic analysis of law

Contribution à l’analyse de la discussion entre la philosophie morale et la théorie du droit avec le réalisme de Posner: dimension de l’analyse économique du droit

Issa Zongo ()
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Issa Zongo: LEA - Laboratoire d'économie appliquée de l'université Norbert ZONGO - LEA - laboratoire d'économie appliquée de l'université Norbert ZONGO

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Abstract: This work was based on an analysis of the debate between moral theory and Posner's realism in order to identify some exemplary behaviors with a view to contributing to the debate on the values of citizenship that promote more humane and sustainable development. A framework based on economic analysis of the law and a case study approach were essentially favored in this research. It appears, above all, that selfish personal motives very often lead to chaos due to the pursuit of easy gains, insatiability, and suicidal rationality. On the other hand, individual or collective behaviors motivated by altruistic personal or collective interests generally have a moral foundation and manifest themselves in self-sacrifice, even to the point of ultimate sacrifice, as exemplified by martyrs and the adversity characteristic of such altruistic behaviors. Behavioral values for better citizenship include: patriotism, a sense of justice and the defense of justice for oneself and others, a sense of responsibility, honor, dignity, and integrity, the vision and will to overcome adversity, and peaceful vengeance to overcome envy and temptation. However, individual and collective behaviors and actions also have an animalistic dimension, with a lack of morality evident in acts such as poisoning customers with products unfit for consumption.

Keywords: morale; intérêt personnel; analyse économique du droit (search for similar items in EconPapers)
Date: 2025-09-20
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