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[基础问答] Robert Ellickson的《无需法律的秩序》(Order without Law英文版) [推广有奖]

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luhmannhabermas 发表于 2010-5-28 11:31:01 |AI写论文

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这部法律经济学的名著不用多讲了,作者挑战科斯理论。中国政法大学出版社有苏力译的中文版。
Contents
Introduction
Part I. Shasta County
1. Shasta County and Its Cattle Industry 15
2. The Politics of Cattle Trespass 29
3. The Resolution of Cattle-Trespass Disputes 40
4. Who Pays for Boundary Fences? 65
5. Disputes Arising out of Highway Collisions Involving
Livestock 82
6. The Effects of Closed-Range Ordinances 104
Part II. A Theory of Norms
7. The System of Social Control 123
8. Shortcomings of Current Theories of Social Control 137
9. The Puzzle of Cooperation 156
10. A Hypothesis of Welfare-Maximizing Norms 167
11. Substantive Norms: Of Bees, Cattle, and Whales 184
12. Remedial Norms: Of Carrots and Sticks 207
13. Procedural and Constitutive Norms: Of Gossip, Ritual,
and Hero Worship 230
14. Controller-Selecting Norms: Of Contracts, Custom,
and Photocopies 240
Part III. The Future of Norms
15. Testing the Content of Norms 267
16. Conclusions and Implications 280
Appendix. Research Methods 289
Index 293
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关键词:Ellickson without Robert withou Rober 政法大学 without Robert 经济学 英文版

order without law.pdf
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沙发
torrygao(未真实交易用户) 发表于 2010-5-28 11:37:01
太贵,现在怎么都这么狠得

藤椅
xiashi1988(未真实交易用户) 发表于 2010-5-28 11:47:27
Order Without Law is a fantastic book by Robert Ellickson published in 1991. In a way, the book is an in-depth case study of the irrelevance of law. Subtitled, "how neighbors settle disputes," Ellickson shows how people solve complicated problems in an archetypal area of liability law without knowledge of the law. Ellickson shows that even when people know exactly what the law says, they often ignore it in favor of community norms and, in his examples, models of "neighborliness."

Specifically, the book is about how neighbors in northern California settle disputes related to damage caused by roaming cattle, how neighbors construct and share costs of fences, and how, although the law is frequently debated in relation to classifying land as either open or closed to free grazing, the law tends to take a back seat to unwritten norms in the way that problems are actually solved. There is order and a shared understanding of rules in Ellickson's account; it just has very little to do with the law.

As part of his description, Ellickson goes into some detail about the types of damage that cattle cause. For example, Ellickson describes how bulls, will often break down barbed wire fences and go on rampages impregnating heifers, eating vast amounts of food, and destroying crops and equipment.

When I was on a long bike trip through northern California a few weeks ago, I was sitting under a tree waiting for my cyling partner to catch up. A giant black bull nearby noticed me. Shorting, mooing, and shaking ribbons of slobber from its mouth, it lumbered toward me. Only a rather weak-looking barbed wire fence separated us. All I could think about was Order Without Law.

板凳
金融志士(未真实交易用户) 发表于 2010-5-28 12:20:25
太贵了,要适可而止啊

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