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Journal articles on the topic 'Legal economics'

Author: Grafiati

Published: 4 June 2021

Last updated: 7 February 2022

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1

Kielholz, Walter B., and Richard H. Murray. "Insurance Economics and Legal Systems." Geneva Papers on Risk and Insurance - Issues and Practice 29, no. 1 (2004): 1–4. http://dx.doi.org/10.1111/j.1468-0440.2004.00260.x.

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2

Butt, Michael A. "Insurance Economics and Legal Systems." Geneva Papers on Risk and Insurance - Issues and Practice 29, no. 1 (2004): 5–13. http://dx.doi.org/10.1111/j.1468-0440.2004.00261.x.

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3

Schinzler, Hans-Jurgen. "Insurance Economics and Legal Systems." Geneva Papers on Risk and Insurance - Issues and Practice 29, no. 1 (2004): 14–13. http://dx.doi.org/10.1111/j.1468-0440.2004.00262.x.

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4

Evseeva, Tat'yana. "Legal Regulation of Economic Relations and Convergence of Law and Economics Issues at Foreign Legal Doctrine in the Digital Economy." Advances in Law Studies 8, no. 5 (2020): 120–33. http://dx.doi.org/10.29039/2409-5087-2020-8-5-120-133.

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Foreign theories of law and economics interrelation differ. There were attempts of classifying the theories by the criteria of law economic impact on economy. Different doctrines of law and economics interrelation are supposed to be regarded at the present article taking into consideration state legal regulation of economic relations (law and economics interrelation). The issues of convergence of law and the science of economics are also raised at the present paper. Moreover, there are challenges of the digital era that require some new measures and methods of law and economics exercising.

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5

Tollison, Robert D., J. M. Graf von der Schulenburg, and G. Skogh. "Law and Economics and the Economics of Legal Regulation." Southern Economic Journal 55, no. 2 (1988): 536. http://dx.doi.org/10.2307/1059145.

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6

Harris, Ron. "The Encounters of Economic History and Legal History." Law and History Review 21, no. 2 (2003): 297–346. http://dx.doi.org/10.2307/3595094.

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After the rise to dominance of the neo-classical school in economics in the 1920s and 1930s, legal historians manifested very little interest in economic theory. After the cliometric revolution of the early 1960s, most legal historians expressed declining interest in economic historians. After the rise of Critical Legal History and cultural legal history in the late 1970s and early 1980s, many legal historians showed diminishing interest in the economy. This trend was augmented by the expansion of law and economics as a leading jurisprudence and methodology within the law schools. Most legal h

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7

Pinto, Catarina Araújo Silveira Woyames. "“Literary woman” versus “economic man”: antagonism between legal feminist analysis and law and economics." ANAMORPHOSIS - Revista Internacional de Direito e Literatura 1, no. 2 (2016): 317. http://dx.doi.org/10.21119/anamps.12.317-335/translation.

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8

HEATON, J. B. "Legal Solvency Tests and Financial Economics." Journal of Risk Finance 4, no. 1 (2002): 57–62. http://dx.doi.org/10.1108/eb022955.

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9

Sinitsyn, S. A. "Economics and law: interrelation in modern world." Вестник Российской академии наук 89, no. 2 (2019): 139–46. http://dx.doi.org/10.31857/s0869-5873892139-146.

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The concept of the interdependence of law and economics is primarily expressed in modern legal studies by arguments for the leading role of economic analysis of law as a panacea for all possible defects in legal regulation. However, contemporary challenges dictate the urgent need to explore and critically evaluate the significance, completeness, and effectiveness of economic analyses of law and their impact on the legal system, as well as study the risks associated with the absolutization of this approach. This article demonstrates that the economic analysis of law is not based on the methods

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10

Maksum, Muhammad. "Economics Ethics in the Fatwa of Islamic Economics." Al-Ulum 15, no. 1 (2015): 107. http://dx.doi.org/10.30603/au.v15i1.218.

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The fatwa by the National Sharia Board (Dewan Syariah Nasional/DSN) of Indonesian Ulema Council (Majlis Ulama Indonesia/MUI) and The Sharia Advisory Council of Central Bank of Malaysia/Bank Negara Malaysia (BNM) on Islamic economics is dominated by its ethical aspects. The prohibition of riba (interest), for instance, is an Islamic ethic which is mostly set in both institutions. In this case, the Legal consideration contains more ethics than fatwa verdicts. The ethics in the legal consideration is commonly based on the basic ethical principles of The Noble Qur'an, the hadith and the Islamic ju

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11

Jacobsen, Joyce P. "Law and Economics: Alternative Economic Approaches to Legal and Regulatory Issues." Feminist Economics 13, no. 2 (2007): 224–26. http://dx.doi.org/10.1080/13545700601184922.

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12

Anwar, Moch Khoirul, and Nur Fitroh Febrianto. "Revisiting Islamic Economics of Nusantara: Conceptual and Legal Perspectives." al-Uqud : Journal of Islamic Economics 4, no. 1 (2020): 133. http://dx.doi.org/10.26740/al-uqud.v4n1.p133-145.

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The development of Islam in Indonesia is inseparable from the economy because Islam initially came to Indonesia through trade. The teachings of Islam are embedded through economic activities such as in commerce and agriculture, although not uses Islamic terms specifically. As a result, many people are not aware that their economic activity becomes part of the implementation of the Islamic economics concept. Therefore, this paper aims to examine the implementation of Islamic economics in this country, both in terms of conceptual and formal legal practice implemented by the community. This study

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13

Serebryakova, T. Yu, and Yu V. Isakova. "Insolvency in the legal and economic context." International Accounting 23, no. 12 (2020): 1340–55. http://dx.doi.org/10.24891/ia.23.12.1340.

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Subject. This article analyzes the law enforcement and economic practices of the use of the terms Solvency and Insolvency, assesses their identity and belonging to Law or Economics. Objectives. The article aims to justify the need for a clearer application of the term Insolvency for economic relations, legal relations, and relations arising on the interfaces between Law and Economics within the framework of economic expertise. Methods. For the study, we used general scientific cognition methods, systems approach, logical generalization, and abstraction. Results. The article says that while the

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14

Qiao, Yue. "Legal effort and optimal legal expenses insurance." Economic Modelling 32 (May 2013): 179–89. http://dx.doi.org/10.1016/j.econmod.2013.02.003.

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15

Robertson, Viktoria H. S. E. "The relevant market in competition law: a legal concept." Journal of Antitrust Enforcement 7, no. 2 (2019): 158–76. http://dx.doi.org/10.1093/jaenfo/jnz005.

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Abstract In competition law, the relevant market acts as a filter that delineates that part of commerce within which competition law assesses companies’ market behaviour. This contribution considers how competition law can reconcile the legal concept of the relevant market with its economic roots. It argues that for market definition—like for many an economic concept—a spectrum opens up between law and economics. On the economics side of the spectrum, economics may take on a more determinative role almost amounting to normative force. This places considerable pressure on the integrity of econo

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16

Glaeser, E. L., and A. Shleifer. "Legal Origins." Quarterly Journal of Economics 117, no. 4 (2002): 1193–229. http://dx.doi.org/10.1162/003355302320935016.

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17

Klerman, Daniel, and Paul G. Mahoney. "Legal origin?" Journal of Comparative Economics 35, no. 2 (2007): 278–93. http://dx.doi.org/10.1016/j.jce.2007.03.007.

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18

Syukiyaynen, Leonid. "Legal grounds of Islamic Economics: interaction between Islamic and European legal cultures." Islamology 3, no. 1 (2010): 163–80. http://dx.doi.org/10.24848/islmlg.03.1.09.

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19

FENN, PAUL, and ALISTAIR McGUIRE. "THE ASSESSMENT: THE ECONOMICS OF LEGAL REFORM." Oxford Review of Economic Policy 10, no. 1 (1994): 1–17. http://dx.doi.org/10.1093/oxrep/10.1.1.

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20

Gramcheva, Lyubomira. "Comparative institutional law and economics: reclaiming economics for socio-legal research." Maastricht Journal of European and Comparative Law 26, no. 3 (2019): 372–93. http://dx.doi.org/10.1177/1023263x19840522.

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Law and economics is a controversial method of legal research, increasingly popular among some legal scholars but disliked by many others. The author discusses some of the objections raised by lawyers (as well as some economists) and argues that most of these are caused by the employment of the wrong economics on the respective side of the conjoined field. She contrasts neoclassical economics, made extremely popular by the Chicago school and Professor Richard Posner in particular, with New Institutional Economics and argues that the latter can overcome the difficulties presented by the former.

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21

Cooter, Robert D. "Economic Theories of Legal Liability." Journal of Economic Perspectives 5, no. 3 (1991): 11–30. http://dx.doi.org/10.1257/jep.5.3.11.

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This essay synthesizes and re-conceptualizes some central results of the economic analysis of liability law and sketches the legal details that drive them. Three different legal mechanisms for creating efficient incentives are examined in turn. The first mechanism uses the legal rule of strict liability to internalize costs. The second mechanism uses a negligence standard to create and enforce efficient standards of behavior. The third mechanism uses law to channel transactions into voluntary exchange. The initial explanation of the three mechanisms makes simplifying assumptions of perfect inf

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22

S., Sovhira, Bezliudnyi O., and Pidlisnyi Y. "EXPERIMENTAL STUDY ON THE LEGAL CULTURE OF FUTURE ECONOMIC BACHELOR." Humanities & Social Sciences Reviews 7, no. 4 (2019): 787–99. http://dx.doi.org/10.18510/hssr.2019.74102.

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Purpose: The article deals with the problem of the formation of the legal culture of bachelors in economics through conducting a pedagogical experiment. Methodology: Conducting a pedagogical experiment required the study of the structure of the legal culture of the future bachelor of economics considered by us through the prism of the "block" method, on the basis of which three criteria were identified - motivational-value (MV), cognitive-informational (CI), activity-behavioral (AB) formation of legal culture Bachelor of Economics. Result: the growth of the quantitative indicators

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23

Rosenthal, Howard, and Erik Voeten. "Measuring legal systems." Journal of Comparative Economics 35, no. 4 (2007): 711–28. http://dx.doi.org/10.1016/j.jce.2007.08.001.

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24

Gazizullin, Rishat I. "Social Entrepreneurship: The Concept, Attributes, Prospect." State power and local self-government 12 (December 3, 2020): 46–49. http://dx.doi.org/10.18572/1813-1247-2020-12-46-49.

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The article poses the problem of social entrepreneurship as a new phenomenon of economic and legal life for Russia. The author reveals the universal features of social entrepreneurship, gives a technical and legal characteristic of its legal definition, and also offers a working definition of social entrepreneurship in the perspective of interdisciplinary study based on the theory of entrepreneurship, institutional economics, constitutional economics, theory and practice of private law.

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25

Krecké, Elisabeth. "Economic analysis and legal pragmatism." International Review of Law and Economics 23, no. 4 (2003): 421–37. http://dx.doi.org/10.1016/j.irle.2003.07.005.

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26

Martin-Ehlers, A., and N. Frank. "Lacking Economics – Lacking Fundamental Rights of legal Protection:." European State Aid Law Quarterly 19, no. 4 (2020): 464–67. http://dx.doi.org/10.21552/estal/2020/4/8.

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27

Ackerman, Bruce A. "Law, Economics, and the Problem of Legal Culture." Duke Law Journal 1986, no. 6 (1986): 929. http://dx.doi.org/10.2307/1372624.

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28

VATIERO, MASSIMILIANO. "Positional goods and Robert Lee Hale's legal economics." Journal of Institutional Economics 9, no. 3 (2013): 351–62. http://dx.doi.org/10.1017/s1744137413000076.

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AbstractThe legal realist Robert Lee Hale offered a definition of freedom as a zero-sum game: each volitional freedom implies some degree of coercion over other people's freedom, and at the same time one's freedom is subject to some degree of control and coercion by others. The objective of our work is to develop this idea along with the theory of positional goods. This allows us to illustrate the externalities deriving from the ‘consumption’ of freedom and detail the role of the lawmaker in accordance with the Halean contribution.

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29

Eckardt, Martina. "Explaining Legal Change from an Evolutionary Economics Perspective." German Law Journal 9, no. 4 (2008): 437–63. http://dx.doi.org/10.1017/s2071832200006520.

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Institutions can have a decisive impact on economic performance. The law is particularly important in shaping the institutional framework for economic activities. Legal rules can be viewed as socio-technological devices used to help individuals solve the coordination problems and conflicts that arise in an environment of scarce resources. In such an environment, the law affects both the allocation as well as the distribution of resources, and is itself influenced and altered by economic evolution. However, our understanding of the determinants and mechanisms of legal change from an economic pe

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30

Coşgel, Metin M., and Boğaç Ergene. "“Law and Economics” Literature and Ottoman Legal Studies." islamic law and society 21, no. 1-2 (2014): 114–44. http://dx.doi.org/10.1163/15685195-02112p04.

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This article considers the relevance of hypotheses developed in the “law and economics” literature regarding settlement-trial decisions in the Ottoman Empire. In particular, it explores the applicability of the “selection principle” and “50 percent plaintiff win-rate” formulated by George Priest and Benjamin Klein. The article also demonstrates how existing research based on Ottoman court records can contribute to the “law and economics” scholarship, which is dominated by research based on modern, Western contexts. The article utilizes the court records from eighteenth-century Kastamonu to mak

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31

Andersen, Peder. "Ekonomi och rättssystem (economics and the legal system)." International Review of Law and Economics 6, no. 1 (1986): 143–44. http://dx.doi.org/10.1016/0144-8188(86)90050-5.

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32

Lushnikov, Andrey M. "Legal and economic thought in retrospect: a new facet of intellectual history." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 15, no. 2 (2021): 194. http://dx.doi.org/10.18255/1996-5648-2021-2-194-201.

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This article examines such a little-studied problem as the interaction of legal and economic thought in retrospect. New approaches to the study of this interaction are outlined. The research is based on historical, systemic and structural and comparative legal scientific methods. The author substantiatedly asserts about the chronological primacy of legal research, in connection with which the appeal to the study of economics was of a subordinate nature. It is noted that the research of that period was mainly of a normative nature, since their authors wanted to define a model of behavior in the

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33

Porta, Rafael La, Florencio Lopez-de-Silanes, and Andrei Shleifer. "The Economic Consequences of Legal Origins." Journal of Economic Literature 46, no. 2 (2008): 285–332. http://dx.doi.org/10.1257/jel.46.2.285.

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In the last decade, economists have produced a considerable body of research suggesting that the historical origin of a country's laws is highly correlated with a broad range of its legal rules and regulations, as well as with economic outcomes. We summarize this evidence and attempt a unified interpretation. We also address several objections to the empirical claim that legal origins matter. Finally, we assess the implications of this research for economic reform.

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34

Lipitz, Gene, and Jonathan Straub. "A Legal “Bubble”." Journal of Wealth Management 8, no. 2 (2005): 69–73. http://dx.doi.org/10.3905/jwm.2005.571010.

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35

Ivshin, V. G., and A. V. Litvin. "FEATURES OF LEGAL TRAINING OF MASTERS IN ECONOMICS AND SPORTS MARKETING." Bulletin of Udmurt University. Series Economics and Law 30, no. 2 (2020): 312–15. http://dx.doi.org/10.35634/2412-9593-2020-30-2-312-315.

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The article deals with the issues of legal training of masters in sports economics. Sport is an important component of the economy, which involves significant financial resources and a large number of workers. For a long time, sports, economics, and law were considered as three separate areas of activity. At the present stage, everything has changed dramatically: it has become possible to earn good money in sport, and as a result, sport needs well-trained, professional economists and lawyers. It is noted that the current Federal state educational standard of higher education (FSES) in the dire

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36

Miah, Mohammad Dulal, Mohammed Usman, and Yasushi Suzuki. "Economic Considerations of Legal Delimitation: Evidence from Judicial Verdicts in Bangladesh Courts." Jurnal Institutions and Economies 13, no. 3 (2021): 115–35. http://dx.doi.org/10.22452/ijie.vol13no3.5.

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The literature on law and economics argues that economic considerations have an important implication for consistent and efficient legal practices. In line with this tradition, this paper aims to analyse legal verdicts through the lens of transaction cost to ascertain if judicial decision takes social cost into account. In so doing, the research draws upon the literature of transaction cost theory, which examines the implications of transaction cost for legal verdicts. Data for the analysis consist of legal verdicts collected from Bangladesh. The paper shows that judicial decisions are influen

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37

Guidi, Marco E. L. "Bentham’s Economics of Legislation." Journal of Public Finance and Public Choice 20, no. 2 (2002): 165–90. http://dx.doi.org/10.1332/251569202x15665366114923.

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Abstract This paper aims to highlight the economic dimension of Bentham's legal and political theory. Traditional assessments of the British legal and political system described judges and statesmen as 'wise legislators' who pursue the welfare of their subjects similarly to virtuous householders. Bentham's utilitarian restatement of the 'science of legislation' introduced a new notion of 'economy' intended as maximisation of pleasure and minimisation of pain. Under this label he evaluated laws and institutions according to the positive and adverse incentives they contained, and to the costs an

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38

Dimick, Matthew. "The Law and Economics of Redistribution." Annual Review of Law and Social Science 15, no. 1 (2019): 559–82. http://dx.doi.org/10.1146/annurev-lawsocsci-101518-043037.

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Should legal rules be used to redistribute income? Or should income taxation be the exclusive means for reducing income inequality? This article reviews the legal scholarship on this question. First, it traces how the most widely cited argument in favor of using taxes exclusively— Kaplow & Shavell's (1994) double-distortion argument—evolved from previous debates about whether legal rules could even be redistributive and whether law and economics should be concerned exclusively with efficiency or with distribution as well. Next, it surveys the responses to the double-distortion argument. Th

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39

Stephenson, Matthew C. "Legal Realism for Economists." Journal of Economic Perspectives 23, no. 2 (2009): 191–211. http://dx.doi.org/10.1257/jep.23.2.191.

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Economists have made great progress in understanding the incentives and behavior of actors who operate outside of traditional economic markets, including voters, legislators, and bureaucrats. The incentives and behavior of judges, however, remain largely opaque. Do judges act as neutral third-party enforcers of substantive decisions made by others? Are judges “ordinary” policymakers who advance whatever outcomes they favor without any special consideration for law as such? Emerging recent scholarship has started to explore more nuanced conceptions of how law, facts, and judicial preferences ma

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40

Cimino, Chapin F. "The Relational Economics of Commercial Contract." Texas A&M Law Review 3, no. 1 (2015): 91–130. http://dx.doi.org/10.37419/lr.v3.i1.4.

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Modern contract law scholarship embraces a particularly strange contradiction. On one hand, most legal scholars accept the core insight of what is called relational contract theory: most commercial contracts involve repeat players who seek to maximize wealth while still maintaining cooperative relationships. On the other hand, many of these same contract scholars believe that there is nothing contract law could or should do about it. They contend that contract law and legal theory are better off ignoring this insight, rather than trying to respond to it. This Article brings these disparate lin

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41

HODGSON, GEOFFREY M. "Much of the ‘economics of property rights’ devalues property and legal rights." Journal of Institutional Economics 11, no. 4 (2015): 683–709. http://dx.doi.org/10.1017/s1744137414000630.

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AbstractLegal theorists and other commentators have long established a distinction between property and possession. According to this usage adopted here, possession refers to control of a resource, but property involves legally sanctioned rights. Strikingly, prominent foundational accounts of the ‘economics of property rights’ concentrate on possession, downplaying the issue of legitimate legal rights (Alchian, 1965, 1977; Barzel, 1994, 1997, 2002; von Mises, 1981). Some authors in this genre make a distinction between ‘economic rights’ and ‘legal rights’ where the former are more to do with p

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42

Biryukov, S. V. "Local (Corporate) Legal Regulation and Legal Pluralism." Herald of Omsk University. Series Law 18, no. 2 (2021): 26–34. http://dx.doi.org/10.24147/1990-5173.2021.18(2).26-34.

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43

Wendel, W. Bradley. "Economic Rationality vs. Ethical Reasonableness: The Relevance of Law and Economics for Legal Ethics." Legal Ethics 8, no. 1 (2005): 107–16. http://dx.doi.org/10.1080/1460728x.2005.11424228.

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44

Norton, Philip. "Legal update." International Journal of Nonprofit and Voluntary Sector Marketing 1, no. 1 (1996): 90–92. http://dx.doi.org/10.1002/nvsm.6090010112.

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45

Buchalter Adler, Betsy. "Legal update." International Journal of Nonprofit and Voluntary Sector Marketing 1, no. 2 (1996): 188–89. http://dx.doi.org/10.1002/nvsm.6090010213.

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46

Adler, Betsy Buchalter. "Legal update." International Journal of Nonprofit and Voluntary Sector Marketing 1, no. 3 (1996): 281–83. http://dx.doi.org/10.1002/nvsm.6090010311.

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47

Norton, Philip. "Legal update." International Journal of Nonprofit and Voluntary Sector Marketing 1, no. 4 (1996): 369–70. http://dx.doi.org/10.1002/nvsm.6090010411.

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48

Dincer, Oguzhan, and Michael Johnston. "Legal corruption?" Public Choice 184, no. 3-4 (2020): 219–33. http://dx.doi.org/10.1007/s11127-020-00832-3.

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49

Mahmutefendić, Tahir. "ECONOMICS OF THEFT." ЗБОРНИК РАДОВА ЕКОНОМСКОГ ФАКУЛТЕТА У ИСТОЧНОМ САРАЈЕВУ 1, no. 9 (2014): 9. http://dx.doi.org/10.7251/zrefis1409009m.

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‘Economics of Theft’ analyses theft asan economic and social activity. The article challengesconventional attitude to theft as repulsive activitywhich causes moral indignation. Theft is analysedthrough two criteria which economists usually usewhen judging any economic activity; efficiency andequity. In addition to these two criteria a third one isintroduced, namely the optimal level of theft. In a vastmajority of cases theft redistributes income from betteroff to worse off; therefore, theft passes the test ofequity. Also, at lower levels a thief’s utility exceeds thedamage which a victim of th

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50

Wruck, Karen Hopper, Jagdeep S. Bhandari, and Lawrence A. Weiss. "Corporate Bankruptcy: Economic and Legal Perspectives." Journal of Finance 52, no. 4 (1997): 1752. http://dx.doi.org/10.2307/2329459.

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