عنوان مقاله [English]
Studying the economic approach of the law is difficult. This approach confronts with the natural limitations and obstacles such as the absence of the economic bases for calculating the profit and loss, pain and enjoyment, favor and disfavor, usefulness and uselessness and their amount, the mentioned approach, especially in the criminal law, has a more difficulty (multiplied difficulty) because of its nonfinancial aspect. But taking an approach of a middle course, this problem will be solved theoretically. The economic approach in the criminal justice system confronts with another obstacle; because if it wants to affect the Precedent (judicial precedent) it should affect the legislator. This scientific movement is rooted in legal realism and pragmatism. Therefore, in order to apply this approach in the area of penal code of Iran, it is necessary to study the procedure of the advent, strengthening and theoretical evolution of those thoughts in this area.