Economic Behavior and Legal Institutions: An Introductory Survey

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World Scientific, 2003 - 415 頁
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.

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PREFACE
1
1
9
1
15
6
21
8
29
POLITICALLYBASED VERSUS JUDGEMADE
35
EFFICIENCY
47
TWO BASIC PROPOSITIONS
61
DAMAGES OR PUNISHMENT?
191
THE SIMPLEST CASE
217
JOINT RESPONSIBILITY
237
INTENT STRICT LIABILITY INSURANCE
247
THE STRINGENCY OF SANCTIONS
261
THE BEHAVIOR OF DISPUTANT PARTIES
275
PROBLEMS AND SOLUTIONS
291
OF FIRMS
313

TWO MAJOR THEOREMS ON PROPERTY RIGHTS
71
COORDINATION AND CONSTITUTIONS
85
4
95
MARKETS AND FIRMS
105
POLITICAL PROCESSES
133
FORMALIZED PROPERTY RIGHTS
151
INJUNCTIONS
185
LIMITS OF FREEDOM OF CONTRACT
341
CONCLUSIONS AND FINAL COMMENTS
371
A NOTE ON EXTERNALITY
379
REFERENCES
389
55
404
INDEX
411
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