这里有些原话,摘自网站:
Today's proponents, such as Richard Posner from the so called Chicago School of economists and lawyers, are generally advocates of deregulation, privatization, and are hostile to state regulation, or what they see as restrictions on the operation of free markets.
The most decorated economic analyst of law is 1991 Nobel Prize winner Ronald Coase. His first major article, The Nature of the Firm (1937),[39] argued that the reason for the existence of firms (companies, partnerships, etc) is the existence of transaction costs. Rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost effective. His second major article, The Problem of Social Cost (1960)[40] argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. Coase used the example of a nuisance case named Sturges v. Bridgman,[41] where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move. Coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves house that reaches the same outcome of resource distribution. Only, the existence of transaction costs may prevent this. So the law ought to pre-empt what would happen, and be guided by the most efficient solution. The idea is that law, and regulation, is not as important or effective at helping people as lawyers, and government planners, believe.
[此贴子已经被作者于2007-2-2 3:08:45编辑过]