Pembaharuan Hukum
Vol 13, No 1 (2026): Jurnal pembaharuan Hukum

The Balancing Efficiency & Justice in the Rationality of Modern Law and Economics

Anggiat Ris Hardinata N (Universitas Borobudur, Jakarta, Indonesia)
Anthony Rahardjo (Universitas Borobudur, Jakarta, Indonesia)
Kristofer Oscar (Universitas Borobudur, Jakarta, Indonesia)
Badra Fahrizal (Universitas Borobudur, Jakarta, Indonesia)
Faisal Santiago (Universitas Borobudur, Jakarta, Indonesia)



Article Info

Publish Date
18 May 2026

Abstract

The economic approach to law (law and economics) has become a dominant paradigm in modern legal analysis. Through the framework of efficiency, it seeks to explain and evaluate legal rules based on their impact on resource allocation and social welfare. Yet behind this rational ambition lies a fundamental tension between efficiency and justice. This paper explores the historical, philosophical, and normative dimensions of law and economics, focusing on the seminal contributions of Ronald H. Coase, Guido Calabresi, Gary S. Becker, and Richard A. Posner. It argues that the economic approach should not be reduced to market rationality but understood as a form of pragmatic moral rationality, a pursuit of “bounded justice” within a world of scarcity. By integrating efficiency, justice, and legal legitimacy, this study affirms the continuing relevance of law and economics for contemporary legal philosophy, including its adaptation within the Indonesian legal context, positioning efficiency as the means and justice as the end.

Copyrights © 2026






Journal Info

Abbrev

PH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Pembaharuan Hukum is a scientific publication containing research article, case report and review article in Law area. This journal is published by the Faculty of Law Universitas Islam Sultan Agung three time a year. This journal gives a good opportunities for law researchers, lecturers, ...