在较高的层次上,经济分析探讨的焦点在于:如何能让资源的运用“比较”好、“比较”有效率。相形之下,传统的法学分析,是以“公平正义”作为衡量的标竿;这是以“公平正义”这个绝对的指标,作为取舍的依据。可是,公平正义也有程度上的差别,要追求多少的公平正义呢?为了追求公平正义,愿意承担多少成本呢?对于这些实质而更重要的问题,传统的法学往往默默不语! At a high level, the focus of economic analysis is how to make the use of resources more efficient and more effective. In contrast, the traditional legal analysis is based on the measurement of “fairness and justice”; this is based on the absolute indicator of “fairness and justice” as the choice. However, fairness and justice vary to some extent and fairness and justice are to be pursued. How much are they willing to bear in pursuit of fairness and justice? Traditional legal science is often silent on these substantive and more important issues!