دلالت‌های اندیشه نهادی کامونز در تفکیک‌ناپذیری دو حوزه اقتصاد و حقوق

Looking at the history of studies conducted in the framework of law and economics as long has always pointed to this approach. So that the whole studies carried out in this area, to be included multiple intellectual views. But the turning point of this study that provided the background for the development of this approach over the past, Published institutional economic ideas was in this field. The Commons is one of the founders of institutional economics is that for many years he attracted the attention of institutional ideas and influence of its own economists. The point of this paper is that what is Commons analytical approach to economic issues? Institutional glance what caused the difference in economic analysis? And what are the implications of his ideas in the field of law and economics? This paper is based on textual analysis for addressed this question. Commons with his unique vision of the concept of the institution in the form of collective action could change the economic analysis from the goods to exchange,brought a new approach, that can be as the approach mentioned exchange, to the scope of the knowledge of human. The emergence of economic Institutionalism and legal arguments exchange and costs, on the other hand, using economic methods to analyze the laws and regulations in recent decades, has made this field of study more than before. Due to the importance of the ideas of Commons in this area, the explanation and analysis of the article is based on his ideas. As a result, Commons approach is based on his idea about the prevalence of conflicts, trying lawmakers and courts to resolve these conflicts, the evolution of rights as a consequence of the ongoing processes of conflict resolution and the going concerns as a the context of exchange.