罗纳德·科斯对法律和经济学的贡献

G. Jayasurya
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引用次数: 0

摘要

自利利润最大化被认为是人类努力的激励因素的可靠预测因素,包括人类在法律上的行为。这种新经济理论于60年代末首次提出,在其诞生之初,它继续在法律界和商界产生涟漪效应。最重要的是,它为建立限制现代社会主义国家经济增长的理论依据奠定了基础。科斯的著作被其他法律和经济学者解释为奠定了一种新的规范性法学的工具形式——财富最大化的法学,将其自身解释为对资本主义发展的智力支持。科斯认为,在市场经济中,法律制度的主要目标应该是最小化交易成本和减少政府干预。他希望法律界了解法律对经济的影响,并寻求提高整个社会生产力的法律改革。他认为法律不能脱离市场的逻辑。它充当了私人权利的救赎者,这有助于创造一个新社会。稀缺资源的管理取决于是否有法律安排支持的交易成本大幅降低。我们需要回应法律规则和文化背景之间的相互关系。由于传统力量未能成功地将法律与社会联系起来,科斯给了世界一个公式,即不要将法律作为一个独立于文化的自主客体来分析。需要一种理解法与社会关系的表征模式——对法与社会的辩证法理论的新认识。科斯文章的吸引力在于,他为应对现代官僚变革带来的技术官僚和社会变革提出了新的策略,从而睿智地超前思考。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Ronald Coase’s Contribution to Law and Economics
Self-interested profit maximisation was assumed to be a reliable predictor of motivating factors of human endeavor, including human behaviour in law. At the dawn of this new economic theory, first proposed in late 60s it continues to create ripples in the legal as well the business circuits. Mostly important, it formed a base for establishing a theoretical justification for limiting the growth of modern socialistic state with regulated economies. Coase’s work has been interpreted by other law and economic scholars as laying for a new instrumental form of normative jurisprudence - a jurisprudence of wealth maximisation, interpreting itself into an intellectual support to the growth of capitalism. Coase believed that in a market economy the main objective of the legal system should be minimising the transactional costs and reducing governmental intervention. He wanted the legal world to understand the economic after-effects of a law and find legal reforms to enhance the overall social productivity. He believed that law could not be separated from the logic of markets. It acted as a redeemer of private rights, which helped in creating a new society. The management of scarce resources is depended upon whether significant reductions in transaction costs backed by a legal arrangement are present. We need to respond to the reciprocal relationship between the legal rules and cultural context. As traditional forces failed to link law and society successfully, Coase gave world a formula to not to analyse law as an autonomous object separate form culture. A representational mode for understanding the relation between law and society was needed-a new understanding of the dialectic theory of law and society. The appeal element of Coase’s article was that he was wise enough think ahead of time by offering new strategies for dealing with the technocratic and social changes of the modern bureaucratic change.
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