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In this paper we consider the Coase theorem in a non cooperative game framework. In particular, we explore the Coase theorem with respect to the final distribution of alienable property rights which constitutes, as far as we know, a less cultivated field of research. In our framework, in order to reach efficiency, agents have to stipulate binding contracts (temporary or permanent). We show under our payoff conditions the role of binding contracts (permanent and temporary) in the final attribution of individual rights.  相似文献   

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The Coase theorem asserts that private bargaining can overcome the difficulties posed by an externality situation and lead to a first-best allocative solution. For such idealized efficiency to be achieved, however, it is generally recognized that certain very special conditions must be met—including the assumption of zero transaction costs. In opposition to this view, the paper argues that the special simplifying conditions usually specified in the literature are not sufficient. Unless stringent supplementary conditions are introduced, private bargaining will not bring about a first-best solution. Indeed, if the standard assumptions are met but the supplementary conditions of the paper are not, government intervention in the externality case can be expected to produce a solution that is Pareto superior to the one generated by private bargaining.  相似文献   

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European Journal of Law and Economics - From an epidemiological perspective, the COVID-19 pandemic is a public health crisis. From an economic perspective, it is an externality and a social cost....  相似文献   

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This paper presents the academic field of criminal justice as an interpretive social science. The opening section discusses academic criminal justice from scientific and interpretive perspectives, arguing that the terminology of “justice” is essentially contested. The second section presents the key implication of a contested core terminology: that an interpretive approach is the best way to develop the academic field of criminal justice. Section three reviews central elements of the Gadamerian tradition, with an eye towards its application to the field of criminal justice. The fourth section considers two issues pertinent to an interpretive criminal justice—the problem of interpretation in a field where professional practice is destructive to other normative systems, and the contribution of an interpretive criminal justice to public policy.  相似文献   

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A methodological comparison of Ronald Coase and Gary Becker   总被引:1,自引:0,他引:1  
This short paper comparatively studies Ronald Coase and GaryBecker from the methodological perspective. Since Becker's analyticalapproach is known to be a very general one, when Becker's andCoase's analytical approaches are compared, it is natural toassume that Becker's approach will be the easy winner. Thisanalysis shows, however, that the opposite turns out to be thecase. Two criteria (generality and applicability) are used tomake the assessment.  相似文献   

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This paper responds to criticisms/misconstruals of our measure of the maximum probative value of evidence (D. Davis & W. C. Follette, 2002), and our conclusions regarding the potentially prejudicial role of intuitive profiling evidence, including motive. We argue that R. D. Friedman and R. C. Park's (2003) criticisms and example cases are largely based on inappropriate violation of the presumption of innocence. Further, we address the merits of our absolute difference measure of probative value versus those of the Bayesian likelihood ratio championed by D. H. Kaye and J. J. Koehler (2003). We recommend methods for presentation of measures of evidence utility that convey complexities of interdependence between new and existing evidence. Finally, we propose a probable cause standard for admission of potentially prejudicial evidence, dictating that admissibility of such evidence should be contingent upon other substantial evidence of guilt.  相似文献   

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This article answers the question whether sociology of law and law and economics can be unificd into one integrated science. First, it is argued that an integration process inside law and economics has taken place, integrating most schools and partial analyses into one mainstream law and economics. Second, it is argued that there are no natural barriers against an integration of sociology and economics. Purely economic theories cannot and do not exist. What is calledeconomic analysis of law is basically a mixture of, for instance, 70 percent economics, 10 percent sociology, 10 percent psychology, and 10 percent other sciences. In addition, there is no such a thing as a purely sociological concept; concepts are sociological only in the sense that they are invented by people who call themselves sociologists.Nevertheless one should not expect that such a richer social science will lead to fundamentally different predictions and policy recommendations than those derived from the current simplistic economic analysis of law. The aspects studied by sociologists but assumed away by legal economists to date have in most cases no influence on the determination of (optimal) legal rules or on the long-run effects of legal rules.  相似文献   

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《Justice Quarterly》2012,29(4):582-599
Criminology is limited by a paucity of replication studies. As such, the measurement of key concepts and the empirical support for theory is open to skepticism. Drawing on the RAND Survey of Inmates and a replication of it, the current study developed an integrated model of offending frequency that contained measures from the rational choice, criminal identity, and criminal careers literatures. A confirmatory structural equation model revealed that criminal self‐concept partially mediated the effects of background risk factors. Perceived costs of crime had no significant effect. Perceived benefits of crime were directly and indirectly (through criminal identity) related to offending frequency. However, differences in measures and variance across data sets contributed to discrepant model fit. This attests to the importance and increasing need for precise replication in criminological research.  相似文献   

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Community police organizations have been the focus of substantial research since the 1960s. Recommendations from this research have frequently suggested some degree of reform. This reform effort has been directed in part at the oragnizational design of police departments, emphasizing movement away from a mechanistic to more of an organic approach. This article describes mechanistic and organic model constructs and relates them to both continuum and matrix change perspectives and a change problem-intervention strategy typology. The matrix and typology are used to “map” the change process associated with team policing, which is one example of attempts to make police organizations more organic.  相似文献   

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Drawing on the work of Coase, the essay argues for a reform of the law of nuisance based upon property rights rather than determinations of social welfare by the courts, and for the use of a reformed law of nuisance as the least flawed method of regulating the environment in many situations compared to other techniques of regulation. The argument is developed and illustrated by reference to several contemporary issues, including genetically modified crops.  相似文献   

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This paper draws upon data from the Pittsburgh site of the MacArthur Foundation's Risk Assessment Study, a large-scale study of violence risk among persons discharged from psychiatric hospitals, to examine the effect of the neighborhood context on risk of violence. This paper has two purposes: (1) to assess the extent to which the inclusion of neighborhood characteristics enhances violence prediction models—models that traditionally only include individual-level characteristics; and (2) to assess the consistency of individual level risk factors across different neighborhood contexts. Results indicate that neighborhood poverty has an impact over and above the effects of individual characteristics in identifying cases with violence. These findings support efforts to include neighborhood context in the assessment and management of violence risk among discharged psychiatric patients.  相似文献   

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