Search results for "Law and economics"
showing 10 items of 236 documents
Is the French mobile phone cartel really a cartel?
2009
International audience; France Telecom (FT), SFR and Bouygues Telecom (BT) have been fined by France's Conseil de la Concurrence (CC) for organizing a mobile phone cartel with stable market shares (one-half, one-third and one-sixth, respectively) and for directly exchanging commercial information. While not contesting the legal decision, it is argued here that the economic reasoning is flawed. (1) As the CC made much of the firms' stable market shares, we have first followed this line of reasoning by considering that the market shares are quotas under uniform costs. Even if there is a general incentive to form a monopolistic cartel, BT was too small for it to be worth its while to join it; it i…
Organisations de l'économie sociale et solidaire : quelle théorie de la gouvernance ?
2012
A major aim for cooperatives is to become the model of stakeholders' organizations while keeping profitable. This supposes to resolve the three following points: to ensure an efficient management of resources which makes it possible to carry out transactions at a cost lower than that which would take place on the market; to design mechanisms of corporate governance allowing expression and implementation of stakeholders' interests and expectations; to implement mechanisms of control allowing to evaluate the action of top executives, particularly regarding satisfaction of expressed stakeholders expectations.
The Faces of Civil Justice in the Global Society of the 21st Century
2015
Over time the consecration of political and democratic social models have allowed to convert the process into a category of an instrument or alternative in exercising the fundamental right to Access Justice; it is an Instrument, certainly, but it is an indispensable instrument in achieving this and it became a guarantor of citizens, with the right to claim protection and to do so from parameters that responded from a formal structure to the achievements that modern constitutionalism has achieved. We might think the world has changed. And with this change society and Justice has also undergone transformations. The panorama that we live offers us a desperate search for a model of Justice in w…
John Roger Commons, Wesley Newcomb Hohfeld and the Origins of Transactional Economics
2010
The aim of this paper is to provide an assessment of John R. Commons’ adoption of Wesley N. Hohfeld’s framework of jural opposites and correlatives in order to construct his transactional approach to the study of institutions. Hohfeld’s influence on Commons, it is argued, was both positive and negative. On the one hand, Commons, followed Hohfeld and recognized that such concepts as property and inheritance actually represent an aggregation of numerous types of legal relations. Hohfeld’s schema provided a powerful rhetorical and analytical tool whereby these highly abstracts conceptions could be reduced to a limited number of primary elements. Moreover, Hohfeld’s schema appeared to be consis…
Constitucionalismo democrático e innovación constitucional en Ecuador
2021
Desde la activación del poder constituyente en la Constitución colombiana de 1991, diversas constituciones democráticas han supuesto cambios estructurales importantes en varios países latinoamericanos, tanto en la organización de los poderes públicos como en la legitimidad democrática del poder y la regeneración constitucional de los derechos. De entre estos nuevos textos constitucionales latinoamericanos destaca, por su originalidad y avances teóricos, la Constitución ecuatoriana de 2009: el primer caso de constitucionalismo de transición en el nuevo constitucionalismo latinoamericano. Estas constituciones, no obstante, se encuentran ante un problema de aplicación que dificulta su funcio…
Un’analisi giuridica dell’economia: John R Commons e i Legal Foundations of Capitalism
2015
Legal Foundations of Capitalism by John Roger Commons (1924) challenges both orthodox theories of economics and mainstream legal doctrines, at a time when the social sciences were oriented towards new epistemological approaches. This essay shows how Common’s work overruled the assumptions of that movement which in the 20th century became known as Law and Economics. It is not an attempt to extend economic analysis to the study of law. Instead, it is aimed at the application of legal concepts, terms and definitions to economics, and at making economic phenomena coincide with juridicial ones. The end result is the challenge of both neoclassical economics and of traditional legal theories.
State Capacity, Legal Design and the Venality of Judicial Offices
2020
We develop a model of venal judicial offices, i.e., sales of public positions in the judicial sector, which were used extensively in France (and many other European countries) during the 17th and 18th centuries, and which led to vastly improved French State capacity despite limited opportunities to raise taxes and to borrow. In this model, venality provides financial resources for the ruler, at the cost of less control over judicial decisions. We rely on this model to provide an analytic narrative of the rise and the decline of venality in Old Regime France.
Accuracy and Preferences for Legal Error
2020
We study the interactions between accuracy and standards used in the determination of legal liability. First, we show that accuracy and type-1 errors (wrongful findings of liability) must reduce each other's effectiveness in mitigating optimal type-2 errors (wrongful failures to assign liability) for previous results in the literature to hold. When this condition holds, for major crimes the median voter's tolerance for type-1 errors is reduced as the legal system's accuracy increases. However, this relationship need not hold for minor offenses. Our analysis also reveals that legal processes that emerge under electoral pressures convict more often than is optimal but less often than necessar…
Managing asymmetry in franchise contracts: transparency as the overriding rule
2012
PurposeThe aim of this article is to provide solutions to protect the weaker party in management and distribution contracts, especially in the field of franchising.Design/methodology/ approachThe paper is based on a review of literature, legislation and practices concerning management and franchise contracts. The regulation of this field at a national level consists of laws that are both private and mandatory in nature. Certain questions are raised concerning the obligatory nature of regulations when applied to the management of international franchise contracts.FindingsThis article studies the question of whether the imperative application of laws to international contract management is ap…
Legal Transplant as Socio-Cultural Engineering in Modern Romania
2011
Generally, this paper will outline Romanian society’s steps towards (legal) modernization by introducing a peculiar Romanian understanding of what might be called “rational transplant”. A rational transplant includes what Kalman Kulcsar identified as the one society’s “continuous social change by utilizing its own, internal conditions” – recaptured as a compulsory linkage with the legal traditions- and, at the same time, postulating a social and legal change through external factors. In this context, Romanian society would not be weak because it appeals to external sources of inspiration. It would be weak only in not correctly handling the legal transplant. Conversely, Romanian society woul…