经济表现与法律制度：调查简介ECONOMIC BEHAVIOR AND LEGAL INSTITUTIONSY mobi 下载 fb2 夸克云 azw3 网盘 pdf pmlz

Markets would not function unless supported by a legal framework. That framework is no self-contained, exogenous structure; it has evolved in response to the demands of economic activity. There are laws made to modify or supplement market behavior, in an attempt to produce the desired outcomes. Such laws are often called forth by political ambitions to change the distribution of wealth, channeled through the political process.

Thus economic life and law are strongly interrelated. There is neither a pure economic system unaffected by law, nor a legal system possible to understand without regard for its interplay with economic behavior. Still, such a compartmentalization has dominated the perspectives of both economics and legal studies.

This invaluable book presents a unified picture of the full economic–legal system, based on results within the novel fields of "new institutional economics" and "law and economics". It is carefully argued, and written in a non-technical style, albeit with no attempts to avoid "deep" theory. It is primarily aimed at students of economics just beyond their introductory course and students of law in the middle or towards the end of their studies. It can also be of great use to both economists on a more advanced level and lawyers, looking for a thought-provoking survey of an exciting new sphere of ideas.

PREFACE

1 THE ECONOMIC-LEGAL SYSTEM AND THE ROLE OF PROPERTY RIGHTS: AN INTRODUCTION

1.1　A View of Human Society

　1.2 A Grand Hypothesis

　1.3 Founding Fathers and Jurisprudential Traditions

　1.4 Property Rights

　1.5 Various Types of Property Rights

　1.6 Contracts and Rights of Transfer

　1.7 A Survey of the Book

　1.8　Some Methodological Points

PART I　FOUNDATION STONES

　2 POLITICALLY-BASED VERSUS JUDGE-MADE LAW

　　2.1　Statutory Law and Case Law

　　2.2 The Relations between Statutory Law and Case Law

　　2.3 The Domains of Judge-Made Law and Politically-Based Law

　3 EFFICIENCY

　　3.1 The Meaning of Efficiency

　　3.2 Wealth, Risk and Utility

　　3.3 A Classification of Acts and Decisions According to Their Effects on Wealth

　4　 TWO BASIC PROPOSITIONS

　　4.1　The Proposition on the Contents of the Law

　　4.2　The Proposition on the Constitution

　5 TWO MAJOR THEOREMS ON PROPERTY RIGHTS

　　5.1　Introduction

　　5.2　The Reciprocity Theorem

　　5.3　The Coase Theorem

PART II　SOCIETY'S MACHINERY

　6 COORDINATION AND CONSTITUTIONS

　 6.1　The Problems of Part Two

　 6.2　The Invisible Hand

　 6.3　The Idea of a Social Contract

　 6.4　The Emergence of Constitutional Structures and Other Social Institutions

　7 MARKETS AND FIRMS　　　　　　　　　　　　

　 7.1　A Brief Survey and Costs of Organizing Interaction

　 7.2　Markets versus Firms

　 7.3　More on Markets, More on Costs

　 7.4　An Alternative Layout

　 7.5　Finns

　 7.6　Complications Concerning Costs, and a Conclusion

　 7.7　A Note on Information Economics

　 7.8　An Observation on Objects of Contracts

8 POLITICAL PROCESSES

　 8.1　Legal Sanctions Only: An Interlude

　 8.2　Political Processes: Some Basic Aspects

　 8.3　Buchanan and Tullock's Analysis

　 8.4　Results of Simple Majority Voting

　 8.5　Broadening the Perspective

……

PART III PROPERTY,BREACH OF CONTRACT,TORT,CRIME

PART IV CONTRACTS,COMPANIES,REGULATION

PART V EPILOGUE

APPENDIX:A NOTE ON EXTERNALITY

REFERENCES

INDEX

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书籍介绍

Markets would not function unless supported by a legal framework. That framework is no self-contained, exogenous structure; it has evolved in response to the demands of economic activity. There are laws made to influence or modify market behaviour, in an attempt to produce the desired outcomes. Such laws are often called forth by ambitions to change the distribution of wealth, channelled through the political process. Thus economic life and law are strongly interrelated. There is neither a pure economic system unaffected by law, nor a legal system possible to understand without regard for its interplay with economic behaviour. Still, such a compartmentalization has dominated the perspectives of both economics and legal studies. This text presents a unified picture of the full economic-legal system, based on results within the novel fields of "new institutional economics" and "law and economics". It is written in a non-technical style, albeit with no attempts to avoid "deep" theory. It is primarily aimed at students of economics just beyond their introductory course and students of law in the middle or towards the end of their studies. It should also be of use to economists on a more advanced level, and to lawyers looking for a thought-provoking survey of an exciting new sphere of ideas.