As a school of law, Law and Economics has grown up principally in the U.S. The first appearance of the pioneers of the School goes back to the 60' s. The School uses economic arguments in legal reasoning. Those arguments rely on concepts such as efficiency, superiority, optimality, allocation and distribution which are derived from non-utilitarian writers in normative economy. This article's aim is two. First, to criticize conventional legal approach in Turkey which is based on Kelsen's positivist doctrine, especially focusing on its crude formalism that makes us blind to economic, sociological and cultural arguments. Second, to explain efficiency as the most fundamental concept of the School, and in this framework, to show the applicability of the economic analysis to Turkish court decisions by using a Turkish Constitutional Court decision on a law containing an obligatory 10% fee-free student acceptance rule for private primary and high schools.
Key words: NA Article Language: EnglishTurkish
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