经济表现与法律制度:调查简介ECONOMIC BEHAVIOR AND LEGAL INSTITUTIONSY

分類: 图书,进口原版书,经管与理财 Business & Investing ,
作者: Lars Werin著
出 版 社: Penguin
出版时间: 2003-12-1字数:版次: 1页数: 414印刷时间: 2003/05/01开本:印次: 1纸张: 胶版纸I S B N : 9789812382580包装: 精装内容简介
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.
目录
PREFACE
1 THE ECONOMIC-LEGAL SYSTEM AND THE ROLE OF PROPERTY RIGHTS: AN INTRODUCTION
1.1A 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
1.8Some Methodological Points
PART IFOUNDATION STONES
2 POLITICALLY-BASED VERSUS JUDGE-MADE LAW
2.1Statutory 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
4.1The Proposition on the Contents of the Law
4.2The Proposition on the Constitution
5 TWO MAJOR THEOREMS ON PROPERTY RIGHTS
5.1Introduction
5.2The Reciprocity Theorem
5.3The Coase Theorem
PART IISOCIETY'S MACHINERY
6 COORDINATION AND CONSTITUTIONS
6.1The Problems of Part Two
6.2The Invisible Hand
6.3The Idea of a Social Contract
6.4The Emergence of Constitutional Structures and Other Social Institutions
7 MARKETS AND FIRMS
7.1A Brief Survey and Costs of Organizing Interaction
7.2Markets versus Firms
7.3More on Markets, More on Costs
7.4An Alternative Layout
7.5Finns
7.6Complications Concerning Costs, and a Conclusion
7.7A Note on Information Economics
7.8An Observation on Objects of Contracts
8 POLITICAL PROCESSES
8.1Legal Sanctions Only: An Interlude
8.2Political Processes: Some Basic Aspects
8.3Buchanan and Tullock's Analysis
8.4Results of Simple Majority Voting
8.5Broadening 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