Responsive Regulierung für den homo oeconomicus institutionalis – Ökonomische Verhaltenstheorie in der Verhältnismäßigkeitsprüfung

2001 ◽  
Author(s):  
Kilian Bizer ◽  
Martin Führ
Keyword(s):  
Economic Analysis ◽  
Institutional Economics ◽  
Behavioral Model ◽  
Legal Framework ◽  
Homo Oeconomicus ◽  
Starting Point ◽  
The Law ◽  
Principle Of Proportionality ◽  
The One ◽  
Analytical Tools

The starting point of the research project was the hypothesis that the "principle of proportionality", which is fundamental to law, is related to the "economic principle". The resulting methodological similarities were intended to enable a cross-disciplinary bridge to be built, which would allow the findings of economic analysis to be made fruitful for legal issues. This was practically tested in three study areas in order to be able to better classify the performance of the analytical tools. The foundations for interdisciplinary bridge building are found in the rational-choice paradigm. In both disciplines, this paradigm calls for an examination of the relationship between the purpose-means-relations: among the design options under consideration, the one must be selected that is expected to be as (freedom- or resource-) sparing as possible, in other words, the most "waste-free" solution to the control problem.The results of the economic analysis can thus be "translated" in such a way that, within the framework of "necessity", they support the search for control instruments that are equivalent to the objective but less disruptive. supports. The core of the positive economic analysis is the motivational situation of those actors whose behavior is to be influenced by a changed legal framework. In this context, the classical behavioral model of economics proved to be too limited. It therefore had to be developed further in line with the findings of research in institutional economics into homo oeconomicus institutionalis. This behavioral model takes into account not only the consequentialist, strictly situational utility orientation of the model person, but also other factors influencing behavior, including above all those that are institutionally mediated. If one takes the motivational situation of the actors as the starting point for policy-advising design recommendations, it becomes apparent that an understanding of governance dominated by imperative behavioral specifications leads to less favorable results, both in terms of the degree to which goals are achieved and in terms of the freedom-impairing effects, than a mixed-instrument approach oriented toward the model of "responsive regulation." According to this model, the law can no longer simply assume that those subject to the law will "obediently" execute the legal commands. It must ask itself what other factors determine behavior and under what boundary conditions changes can be expected in the direction of the desired behavior. For this reason, too, it must engage with the cognitive program of the behavioral sciences. This linkage opens up new perspectives for interdisciplinary research on the consequences of laws.

Law and Economics

2020 ◽  
pp. 84-102
Author(s):  
Daniel B. Kelly
Keyword(s):  
Economic Analysis ◽  
First Generation ◽  
Law And Economics ◽  
Private Law ◽  
Foreseeable Future ◽  
Business Associations ◽  
The Third ◽  
Starting Point ◽  
The Law ◽  
The Impact

This chapter analyzes how law and economics influences private law and how (new) private law is influencing law and economics. It focuses on three generation or “waves” within law and economics and how they approach private law. In the first generation, many scholars took the law as a starting point and attempted to use economic insights to explain, justify, or reform legal doctrines, institutions, and structures. In the second generation, the “law” at times became secondary, with more focus on theory and less focus on doctrines, institutions, and structures. But this generation also relied increasingly on empirical analysis. In the third generation, which includes scholars in the New Private Law (NPL), there has been a resurgence of interest in the law and legal institutions. To be sure, NPL scholars analyze the law using various approaches, with some more and some less predisposed to economic analysis. However, economic analysis will continue to be a major force on private law, including the New Private Law, for the foreseeable future. The chapter considers three foundational private law areas: property, contracts, and torts. For each area, it discusses the major ideas that economic analysis has contributed to private law, and surveys contributions of the NPL. The chapter also looks at the impact of law and economics on advanced private law areas, such as business associations, trusts and estates, and intellectual property.

scholarly journals Farm Behaviour and Incentives for Animal Welfare: On Stimulating Interest in Cow Life Expectancy by Industry Attentiveness

2018 ◽  
Vol 7 (4) ◽  
pp. 55
Author(s):  
E. A. Nuppenau
Keyword(s):  
Life Expectancy ◽  
Animal Welfare ◽  
Institutional Economics ◽  
Animal Health ◽  
Dairy Industry ◽  
Strategic Behaviour ◽  
Health Goals ◽  
Starting Point ◽  
The One ◽  
Economics Analysis

This contribution deals primarily with a new concept derived from institutional eco­nomi­cs, to improve animal health (eventually welfare, depending on the use of synonyms and actually measu­red as cow life expectancy, i.e. in figures: number of lactations). Based on consumer willingness to pay, it investigates a potential collaboration between a dairy industry whose aim is to diversify products and some farmers whose intention is to request compensation for a change of practices. For fin­ding practical attributes for health, we have a focus on practices promoting numbers of lacta­tions, currently at a low level in conventional farming. We distinguish farm types by str­ategies ask­ing why most farms are primarily aiming at maximal efficiency (feeding concentrates for high milk yields and having no grazing). Vice versa: this has raised public concern because (with big herds, high milk yields and minimal lactations) farmers seem to stress ani­mal welfare. We assume WTP exists for an improvement in animal health (though diffuse so far). I.e. on the one hand as a symptom of crisis, successes for gestation are low (almost half compared to those of farms “caring” for animals). On the other hand better practice can be financed if targeted by WTP. Further assumptions are: even the industry may admit problems with animal health, and within consumers’ and citizens’ circles, there is an increasing awareness and that WTP (finance) may enable private solutions. WTP could be used for those farmers doing better on animal welfare; but so far, markets have failed. We are confronted with different strategic behaviour of farmers (by sectors) whose commencing points (as ob­servation and deliberation) must be a willingness to change practices. A starting point should be insight into beha­viour(al) change and willingness to increase animal health (gestation), yet based on compen­sation. Compensation can be used to get more farmers interested in animal health, but it must be differentiated according to actions for improvement. In an institutional economics analysis of animal welfare, we will work out a concept of optimal compensation, preferably achieving cooperation between a dairy industry and willing farmers to lodge payments received from consumers. It means working on participation of actors in product diversi­fica­tion (milk identified by different sources) and transfer of money to those farmers who are ac­tu­ally working for animal health concerns. The paper further addresses selection of far­ms which manage to achieve set health goals and assure confirmation of achievements in increa­sing health. The goal is to increase the number of lactations. By utilizing contracted numbers of lactations as the basis for modelling a qua­n­­titative criterion which adequately shall reflect aspects of working for animal health (such as feeding practices, grazing, better husbandry (space and straw), caring (stress recovery), etc., is worked out and animal welfare shall improve. 

Law, the Humanities and Political Incertitude in a Time of Climate Change

Legalities ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 91-115
Author(s):  
Matteo Nicolini
Keyword(s):  
Climate Change ◽  
Legal Framework ◽  
Ecological Crisis ◽  
The Other ◽  
Literary Genre ◽  
The Law ◽  
And Migration ◽  
The One

This article addresses how climate change triggers relevant transformations in the realm of the law and affects our politico-legal paradigms. To this end, it delivers cross-disciplinary research by focusing on a non-fictional literary genre, i.e. climate-change pop-science, which has arisen very recently. The article also explores the concept of ‘strategic formalism’, i.e. a strategic legal device unable to govern societal concerns. On the one hand, it shapes our approach to climate change and migration; on the other, it adapts ecological issues to the ‘traditional’ legal framework. Against this background, the article argues that non-fictional texts also reflect the ideas of the most active forces within society, and fuel dynamism when tackling the ecological crisis. In a time of climate change, these forces stir strategic formalism, and make the law act as a bridge linking our troubled reality to an inclusive future.

scholarly journals PECULIARITY AND ESSENCE OF “ONE-TIME (SPECIAL) VOLUNTARY DECLARATION BY INDIVIDUALS OF ASSETS BELONGING TO THEM” AS A DIFFERENCE OF “TAX AMNESTY”

2021 ◽  
pp. 94-103
Author(s):  
S. I. Kuksenko
Keyword(s):  
Financial Indicators ◽  
Business Climate ◽  
Tax Base ◽  
Tax Amnesty ◽  
Scientific Analysis ◽  
Starting Point ◽  
The Future ◽  
Red Tape ◽  
The Law ◽  
The One

The article analyzes the essence and peculiarity of one-time (special) voluntary declaration by individuals of their assets in accordance with the Law of Ukraine of 15 June 2021 “On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Stimulating the Un-Shadowing of Incomes and Increasing the Citizens’ Tax Culture by Introducing One-Time (Special) Voluntary Declaration of Assets Belonging to Individuals and Payment of the One-Time udget Levy”. The author highlights the formal tasks of the proposed voluntary declaration, carries out a scientific analysis of the concepts of “tax amnesty”, “capital amnesty”, and proposed their own generalizing definitions. The author finds that “one-time (special) voluntary declaration” combines features of both “tax amnesty” and “capital amnesty”. The author recapitulates the practice of conducting tax amnesties by different countries and attempts to implement tax amnesty in Ukraine for legal entities in 2015 in the form of a “tax compromise”. To determine the effectiveness of amnesties, the author proposes to take into account not only financial indicators: the amount of legalized capital and taxes paid to the budget, but also factors that change society’s values: increasing legal awareness, improving tax culture and discipline, improving the business climate, expanding the tax base. Based on the analysis of paras 3, 5, 10 of the law on “one-time voluntary declaration” the author concluded that although the majority of citizens will not file a special declaration, the wealth of each citizen (“composition and volume of assets”) will actually be declared as of 1 September 2021. This “zero declaration” will be the starting point for assets calculation, which will be taken into account by the tax authorities in the future. The author draws attention to a number of debatable points of the law, which allow for the possibility of their ambiguous interpretation and may give rise to legal red tape and lawsuits in the future. Based on the analysis of the experience and effectiveness of “amnesties” in different countries, as well as “tax compromise” in Ukraine, the author identified and systematized factors that positively and negatively affect the effectiveness of tax amnesty. It is established that the conduct of “voluntary declaration” will be influenced by both groups of factors. In the conclusions, the author proposes measures aimed at neutralizing the negative factors.

scholarly journals Compliance of domestic criminal legislation in the field of international and judicial cooperation with the EU acquis in the fight against organized crime: Security aspect

2020 ◽  
Vol 54 (4) ◽  
pp. 1575-1586
Author(s):  
Emina Radosavljević
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Legislative Framework ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Eu

The area of the European Union (EU) is characterized by general liberalization, ie. "Free flow of people, goods, services, and capital", which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption, ie. international cooperation in criminal matters systematized in Chapter 24 - Justice, Freedom, and Security.

scholarly journals The Historical Development of International Law of the Sea

2017 ◽  
pp. 28-40
Author(s):  
Tam Xuan Song
Keyword(s):  
International Law ◽  
Correction Method ◽  
Legal Framework ◽  
Point Of View ◽  
Law Of The Sea ◽  
Basic Work ◽  
The Law ◽  
Universal Structure ◽  
The One

Modern Law of the Sea the date of the date of the beginning of the modern international law. Graeasius, a Dutch lawyer who is considered as the law of international law, is considered as a law of the sea. In this issue published in 1609, his basic work, Free Sass, or Murray Liber tom, established some important concepts in this regard. He summarized the principle of freedom of the sea, which is free from the sea and all countries should be open to use. Not to be ambitious about the third United Nations Conference Sea law was one of the most important legislative events of the twentieth century, Centuries this international law initiates a revolution a new legislative strategy for making compromises and universal decisions Participation it creates a comprehensive deal on the sea law. As a result, it is claimed that the convention of the Sea Convention is to be provided universally, this thesis initially established a legal basis for the Los Convention The universal structure for the sea law. Discuss how it shows up the convention mainly affects traditional international law so that it is possible. The sea speaks of a universal law. However, the convention status as a public the law creates problems for its future development because it cannot be fully considered from the point of view of the treaty law. Therefore, the thesis will be considered. In addition to other legislation, the procedure for change in the Convention Out process with traditional contract framework. The central role of this analysis Institutions in the modern international law organization Thesis shows the acting part Through the law of the sea through developing political and technical institutions Explanation, correction, and correction, as well as in this way Organizations have used and improved universal decision-making strategies The first UNCLOS third is seen. It will analyze the role of court judges and tribunals maintaining and developing sea legal orders. This analysis shows that the convention provides legal framework. The modern laws of the sea for all states. In this context, there are institutional mechanisms the one-sided state practice in law enactment is replaced. Moreover, the state has been shown a choice for flexibility and pragmatism on the formal correction method. The Los Convention is creating a statutory legal order for maximum achievement, Ocean to maintain this stability, continuing discussion, discussion and compromise is important through international organizations.

scholarly journals Movements, Moments, and the Eroding Antitrust Consensus

2019 ◽  
Author(s):  
Michael Wolfe
Keyword(s):  
Review Essay ◽  
Copyright Law ◽  
Reform Movement ◽  
Antitrust Law ◽  
Critical Perspective ◽  
Technology Firms ◽  
Starting Point ◽  
Current Reform ◽  
The Law ◽  
The One

Timothy Wu’s book, The Curse of Bigness, offers a brief history on and critical perspective of antitrust law's development over the last century, calling for a return to a Brandeisian approach to the law. In this review-essay, I use Wu's text as a starting point to explore antitrust law’s current political moment. Tracing the dynamics at play in this debate and Wu’s role in it, I note areas underexplored in Wu’s text regarding the interplay of antitrust law with other forms of industrial regulation, highlighting in particular current difficulties in copyright law as one of the underlying tensions driving popular discontent with the major technology firms or “tech trusts.” I consider the continuing influence of Robert Bork’s The Antitrust Paradox, now more than forty years old, and how the current reform movement might execute a shift as lasting and substantial as the one Bork spearheaded with his book.

scholarly journals Christ’s Evolution of Moral Upbringing in the Light of Letters to Young People by Popes St. John Paul II and Francis

2021 ◽  
Vol 56 (4) ◽  
pp. 27-43
Author(s):  
Wojciech Cichosz
Keyword(s):  
Young People ◽  
Jesus Christ ◽  
Pope Francis ◽  
John Paul Ii ◽  
Cultural Transformations ◽  
Starting Point ◽  
The Law ◽  
The One ◽  
Child Of God ◽  
Good And Evil

The significant social, economic and cultural transformations taking place since the second half of the twentieth century reveal with increasing force that young people are diverging more and more from adults as far as ethics and morality are concerned. Contemporary reflection on morality is increasingly being expressed in the manifestation of individuals’ rights. This is the view of both the Letter to the Young People Parati semper by St. John Paul II (1985) and the Post-Synodal Apostolic Exhortation Christus vivit by Pope Francis (2019). The above papal documents will become the starting point for answering the following question: What does Christ propose in terms of morality? Man is capable by nature (in his heart) of recognizing good and evil. Morality is then bound to keeping the Law, which, while being positive, is limited in time. Man’s coming to faith causes, as Pope Francis points out, the exhaustion of the Law’s propaedeutic value and, thus, gives way to another authority. The Law is still in force (the commandments continue to exist), but it has no justifying power. The one who justifies is Jesus Christ. In this context, it is crucial to answer the question regarding the stage of moral maturation: do I still need the Law, or perhaps I am already living in the love and freedom of a child of God. These levels of morality cannot, as postulated by St. John Paul II in Parati semper and Francis in Christus vivit, be treated as separate or contradictory, because both are necessary. Hence, one cannot reject and despise the commandments and, at the same time, keep them, even though they are not absolute, because salvation is in Jesus Christ.

Economic Analysis in Cases Settled According to the Law "On the Protection of Competition"

2011 ◽  
pp. 122-139 ◽  
Author(s):  
S. Avdasheva ◽  
A. Shastitko
Keyword(s):  
Economic Analysis ◽  
Small Sample ◽  
Antitrust Laws ◽  
Quantitative Characteristics ◽  
The Law

The article focuses on economic analysis in cases of violation of the Russian antimonopoly legislation. It presents quantitative characteristics of various tools of economic analysis, prescribed by the rules of analysis and assessment of competition, developed by the Federal Antimonopoly Service. They are based on a small sample of cases filed by the Russian competition authorities. Sources of demand for higher standards of economic analysis in cases of violation of antitrust laws are under consideration.

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