美国留学生法律论文写作需求:经济法之规范性和功能教官法律研究 [2]
论文作者:留学生论文论文属性:案例分析 Case Study登出时间:2011-01-08编辑:anterran点击率:16495
论文字数:12121论文编号:org201101081552044956语种:英语 English地区:美国价格:免费论文
附件:20110108155204585.pdf
关键词:Law and EconomicsIntellectual HistoryMethodologyJEL Codes
within thenatural interest of the first American scholars of law and economics.Early research concentrated on areas related to corporate law,tax law,and competition law.In so doing,the first generation of law andeconomics scholars paralleled the efforts of other economists,trying toexplain the functioning of explicit economic markets and the impact ofalternative legal constraints,such as taxes and regulation,on the market.In the 1960s the pioneering work of Ronald Coase and GuidoCalabresi brought to light the pervasive bearing of economics in all areasof the law.The methodological breakthrough occasioned by Coase andCalabresi allowed immediate extensions to the areas of tort,property andcontract.The analytical power of their work was not confined to these3fields,however,and subsequent law and economics contributionsdemonstrate the explanatory and analytical reach of its methodology in anumber of other areas of the law.A difference in approach is detectable between the law andeconomics contributions of the early 1960s and those that followed in the1970s.While the earlier studies appraise the effects of legal rules on thenormal functioning of the economic system(i.e.,they consider theimpact of legal rules on the market equilibrium),the subsequentgeneration of studies utilizes economic analysis to achieve a betterunderstanding of the legal system.Indeed,in the 1970s a number ofimportant applications of economics to law gradually exposed theeconomic structure of basically every aspect of a legal system:from itsorigin and evolution,to its substantive,procedural,and constitutionalrules.Despite some resistance to the application of economics tononmarket behavior,the important bonds between legal and economicanalysis,as well as the social significance of the object of study,were inthemselves a guarantee of success and fruitfulness for law andeconomics.An important ingredient in the success of law and economicsresearch has come from the establishment of specialized journals.Thefirst such journal,the Journal of Law and Economics,appeared in 1958at the University of Chicago.Its first editor,Aaron Director,should becredited for this important initiative,successfully continued by RonaldCoase.Other journals emerged in the following years:in 1972,theJournal of Legal Studies,also housed at the University of Chicago,wasfounded under the editorship of Richard Posner;in 1979,Research inLaw and Economics,under the editorship of Richard Zerbe,Jr.;in 1981,the International Review of Law and Economics was established in theUnited Kingdom under the editorship of Charles Rowley and AnthonyOgus(later joined by Robert Cooter and Daniel Rubinfeld);in 1982,theSupreme Court Economic Review,under the editorship of Peter Aranson(later joined by Harold Demsetz and Ernest Gellhorn);in 1985,theJournal of Law,Economics and Organization,under the editorship ofJerry Mashaw and Oliver Williamson(later joined by Roberta Romano);and most recently,in 1994,the European Journal of Law and Economics4was launched under the editorial direction of Jürgen Backhaus and FrankStephen.These specialized journals provided—and continue to provide—an extremely valuable forum for the study of the economic structureof law.In many respects,the impact of law and economics has exceededits planned ambitions.One effect of the incorporation of economics intothe study of law was to irreversibly transform traditional legalmethodology.Legal rules began to be studied as a working system—aclear change fr
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