The purpose of this essay is to outline the core structure of an ordinal economic
approach to the study of law. This method does not measure individual preferences in
terms of willingness to pay, nor does it assume the maximization of society's well-being
as its goal. Instead, it adopts an ordinal conception of utility, it describes voluntary
interactions in terms of market transactions and it assumes the protection of consumer's
welfare as its goal. Hence, the analysis requires to individuate market failures and to
search for counteracting institutions in the legal system. In order to support this
approach, it is argued that the maximization of consumer's welfare finds a foundation
in economic theory sounder than the maximization of society's welfare. Moreover, this
criterion avoids contradictions regarding the evaluation of market power. A discussion
on the adoption system is used for comparing the traditional and the ordinal methods
of economic analysis of law.