scholarly journals The Past, Present and Future of Law and Economics

Author(s):  
George A. Hay
Keyword(s):  
Author(s):  
J. David Richardson

The sad and lonely profile of late twentieth-century Christian scholarship in economics has enjoyed a refreshing makeover in the past two decades. Encouraging new research on the overlapping interface of faith and discipline has attained critical mass and fruitful momentum. This interface includes contributions under the umbrella term “economics of religion,” and somewhat-less-often cited contributions to “positional” and conflict economics, and to institutional mechanism design in law and economics. Beyond interface lies scholarly “integration of faith and discipline” that alters and cross-leavens the foundational frames for analysis in both economics and careful Christian thinking about divine and human nature and society. Such integrative scholarship is still in its infancy. But some of it—in the ethical underpinnings of national economic growth and flourishing, and in the economics of identity and social identification—is attracting noteworthy scholarly attention, as measured by the citation counts used recurrently in this survey.


2008 ◽  
Vol 9 (4) ◽  
pp. 397-410 ◽  
Author(s):  
Gralf-Peter Calliess ◽  
Jörg Freiling ◽  
Moritz Renner

The societal mega-trends of the past four decades, such as a globalizing economy and an aging society, have challenged the understanding of the state in OECD countries. The resulting “transformations of the state” are the subject of an interdisciplinary research agenda established at the Collaborative Research Center (CRC) 597 in Bremen, Germany. A total of twenty projects from political science, law, and economics explore changes of statehood which take place in two different dimensions: first, the internationalization and, second, the privatization of activities and functions which were traditionally performed by and ascribed to the democratic, constitutional and interventionist state. While the first research phase (2003-2006) aimed at founding empirical descriptions of these internationalization and privatization processes, the current phase (2007-2010) is dedicated to explaining the observed changes in statehood. Within this general framework, the authors’ research project on “New Forms of Legal Certainty in Globalized Exchange Processes” deals with changes in the institutional organization of commerce.


Global Jurist ◽  
2019 ◽  
Vol 19 (3) ◽  
Author(s):  
Aleksandar Stojanovic

Abstract This article explores the role of commons in law and economics under the assumption that its strength (following Calabresi. 2016. The Future of Law and Economics: Essays in Reform and Recollection. Yale University Press) comes from the ability to amplify economic theory by integrating elements of institutional reality into the analytic framework. Following an analysis of the role that the spoilage of commons has played in the early developments of the transaction cost framework, the article considers the ways in which the success of commons could amplify the law and economics further. I conclude these costs could be conceptualized by extending Calabresi’s own past work on the role of values in institutional arrangements in the direction of understanding the contributions and losses of different arrangements concerning the capacity of values motivate economic activity.


Political, social, and economic transformation is a complex historical phenomenon. It can be adequately analysed only by a multidisciplinary approach. This Handbook brings together an international team of scholars who are specialists in their respective research fields. They introduce the most important areas, theories, and methods in transformation research. Most attention is placed on the historical and comparative dimension. Although focusing on postcommunist and other democratic transformations in our epoch, the Handbook therefore presents and discusses not only their problems, paths, and developments, it also deals with the antecedent ‘waves’, beginning with the Meiji Restoration in Japan in 1868 and its aftermath. The book is structured into six layers. Starting with basic concepts as systems, actors, and institutions (Section I), it then gives an overview of the major theoretical approaches and research methods (Sections II, III). The connection of theory and method with their application is essential. It allows special insights into the past and opens analytical avenues for transformation research in the future. Section IV then provides a historically oriented description and interpretation of particular ‘waves’ or types of societal transformation. With a clear focus on present transformations, the chapters in Section V provide a description and discussion of the problems, structures, actors, and courses of the transformations within different spheres of (civil) society, politics, law, and economics. Finally, the brief lexicographic chapters in Section VI delineate facts about particular relevant issues of societal transformation. Each of the chapters contains a concise list of the most important research literature.


Legal Studies ◽  
1998 ◽  
Vol 18 (3) ◽  
pp. 249-278 ◽  
Author(s):  
David Campbell ◽  
Sol Picciotto

As lawyers concerned with the regulation of economic activity, we applaud the recognition in Professor Charles Goodhart's recent Chorley lecture that much of the ‘law and economics’ of the past quarter-century has involved ‘too much one-way traffic’. If the field of law and economics has indeed largely, as Professor Goodhart suggests, consisted of a process of intellectual imperialism, specifically of the colonisation of law by economics, we consider it important to reflect on the reasons for this, and to make some suggestions to improve the collaboration between the two disciplines. In brief, we suggest that this interaction has been bedevilled by its tendency to reproduce the worst aspects of formalism in each discipline.Professor Goodhart shows that the bulk of law and economics has consisted of a fairly unthinking application of standard neo-classical economic assumptions to legal phenomena which have themselves typically been conceived in conventional doctrinal terms.


1996 ◽  
Vol 40 (1) ◽  
pp. 43-52 ◽  
Author(s):  
Mauro Bussani

The primary purpose of this article is to enrich the understanding of tort law in Ethiopia and Eritrea and how it affects the environment. Its standpoint is both positive and normative. Its secondary goal is to clarify the affinities, often hidden, between the issues raised by tort law in developing countries now and the same issues as they emerged in the Western tradition in the past. Methodologically, the article considers the interplay between two powerful tools of analysis: law and economics, and legal pluralism (as informed by the doctrine of legal stratification).


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