Perceptions of Economic Inequality and Support for Redistribution: The role of Existential and Utopian Standards

Perceived greater economic inequality is supposedly associated with higher demand for redistribution. However, the findings in the literature are mixed in this regard, with some researchers providing evidence in favour of this association and some findings evidence against it. Given that perceived economic inequality and endorsement of system-justifying beliefs are related to increased inequality acceptance, we explore the interplay between them in relation to support for redistribution. This study is intended to shed light on the role of utopian standards (ideal estimates about what ought to be) as one mechanism that affects the relationship between perceived greater economic inequality and support for redistribution. Based on correlational data (N?=?794), we conducted a conditional process analysis and found that perceived greater inequality displayed a negative indirect effect on support for redistribution, through acceptance of ideal level of economic inequality: Perception of higher inequality was related to increased ideal levels of inequality and thus with lower support for redistribution. In addition, we found that economic system-justifying beliefs conditioned the effect of perceived economic inequality in two ways: First, perceived economic inequality was positively associated with higher acceptance of inequality, and this association was stronger for those that justified the economic system more, and perceived greater inequality was associated with higher support for redistribution—but only for those who endorsed lower levels of economic system justification beliefs. These findings provide evidence that perceived greater economic inequality does not in itself lead to a push for more redistribution; rather, utopian standards such as ideal estimates of economic inequality, which are conditioned by system-justifying ideologies.     

论经济法视角下中西方经济自由思想的发展

经济法中所蕴含的经济自由思想是通过对经济主体的经济权利（力）和义务的配置来实现的。中西方经济自由思想的发展历程以及在经济自由内涵上的共识对我国当前经济发展具有借鉴意义。经济自由作为一种经济理念,是人们期待社会经济所能达到的理想状态即在法律所允许的范围内的自主经济决策和经济行为;作为一种经济制度安排方式,是经济体制构建和经济政策的取向,也是经济自由的理念在经济生活中的现实化,其实质是在经济领域内各经济主体之间的权利（力）义务的配置要达到的一定比例关系。     

The new economic credentialing: protecting hospitals from competition by medical staff members

This Article addresses hospitals' use of economic criteria to determine an individual's qualifications for staff privileges. Hospitals are resorting to economic conflict-of-interest credentialing policies in an attempt to ensure physician's loyalty and maintain their own economic viability. Physicians, however, argue that entrepreneurial activities are necessary for them to meet the economic challenges posed by declining reimbursements and rising insurance costs. The Article surveys the numerous legal theories that physicians (and, in some cases, the federal government) could employ in attacking these new types of credentialing policies and concludes that, on balance, hospitals should be able to implement their policies in ways that minimize liability in most jurisdictions. The Article concludes by discussing other issues that economic credentialing policies raise, including those implicating tax-exempt status and nonlegal considerations.     

The comparative law and economics of pure economic loss

Law and economics shows that a key factor in determining the optimal economic loss rule is found in the relationship between pure economic loss and social loss. Economic loss should be compensable in torts only to the extent that it corresponds to a socially relevant loss. In this paper we undertake a comparative evaluation of the economic loss rule to verify whether modern legal systems, although not formally adopting the economic criterion, define the exclusionary rule in light of efficiency considerations. The comparative analysis reveals that the substantive applications of the economic loss rule in European jurisdictions are consistent with the predicates of economic analysis.     

试论经济法责任之独立

为了弥补传统部门法解决社会问题的无力,作为经济法逻辑内容的经济法责任的独立是必不可少的。法学界对于经济法责任的独立并没有达成共识,但历史的选择和维护社会公共利益的需要证成了经济法责任的独立。现行经济法规范中散落有许多不同于传统民法、行政法、刑法等法律责任的责任形式,对认识经济法责任的独立造成了纷扰。对经济法责任进行狭义界定,限定确立原则,同时严格的限制经济法责任是一种法定责任,无疑是解决目前经济法责任天马行空而又根基不牢问题,确立其独立性的尝试性路径。     

市场失灵与中国经济法

市场失灵假设是研究经济法产生、调整对象、体系等问题的一个重要的前提。中国的市场失灵问题必须结合中国由计划经济体制向市场经济体制转轨这个过渡期的大的现实背景来理解,以西方经济学的市场失灵假设为基础来构建中国经济法并不完全适合。中国经济法必须立足于转轨时期的现实国情,才能走出一条务实之路。     

经济法认识论探略

经济法认识论是经济法学研究中一个值得关注的部分。在今天“重写法律史”的时代条件下,我们除了应该对其间新兴的经济法律现象加以认识之外,更应该对这种认识的过程及其成果进行系统的反思,即加强经济法的认识论研究。惟有如此,我们才能深化对经济法的理解,进而以正确的认识成果指导经济法实践。     

农村集体经济组织成员资格标准的法律分析与实践

成员资格标准的法律缺失是农村集体经济组织内部征地补偿费等成员利益分配纠纷频发的主要原因。成员资格标准的法律缺失根源于农村集体经济组织的擅变和农村集体经济组织相关立法的逻辑障碍。通过立法完善成员资格标准时,应以在本集体内生产、生活的状态和对本集体土地利益的生存依赖作为基本依据,淡化户口对于认定成员资格的作用。在此基础上,本文以天津高级人民法院的规定为基础,提出一个农村集体经济组织成员资格标准立法的建议方案.     

反内幕交易法律制度的经济根源

内幕交易首先是作为一种经济现象而存在的 ,对内幕交易存在价值的经济分析 ,是构建反内幕交易立法的重要基础。本文在介绍、评析内幕交易经济分析正反两方面的观点后 ,认为内幕交易所引发的道德风险和投资者信心的丧失 ,是反内幕交易立法的基本经济依据。     

Laws, Models, and Real People: Choice of Chapter in Personal Bankruptcy

It has been a central assumption in bankruptcy policy debates that financially troubled persons faced with bankruptcy will respond to economic incentives and disincentives. Two provisions of the Bankruptcy Code (Chapters 7 and 13) are most commonly used by individual debtors. Under Chapter 7 debtors agree to give up all their property (n excess of state-determined exemptions) to a trustee for sale and distribution to creditors. Under Chapter 13 debtors keep all their property but agree to pay all or part of their debts over three to five years. This empirical study of fifteen hundred consumers in three states explores whether economic incentives and disincentives are in fact the chief factors influencing choice of chapter. The analysis demonstrates that while economic factors play a part, noneconomic factors are also significant, among them intra- and interstate migration, marital status, self-employment, state of residence, and local legal culture. We conclude that to explore fully how individual decisions are made, the simplistic economic model must be replaced by a more sophisticated model that accounts for both economic and noneconomic factors.     

Community,market, and state: Reflections on their potential for achieving economic justice

This paper investigates the potential of distinct societal decision-making and coordinating mechanisms as means of achieving economic justice. Within the enormous diversity of actual institutional arrangements that guide and shape whatever happens in economies, three overarching ideal types of mechanisms which separately or in combination enable mankind to cope with its economic challenge are discernible: communities, markets, and states. Each of these ideal types represents a different way in which economic decisions are made and the economic actions of members of society are coordinated. The specific question to be answered is how each of these mechanisms can contribute to the solution of the problem of economic justice in modern times.     

区域经济一体化与我国的对策

进入20世纪90年代以来,世界区域合作再度呈现出活跃迹象,各种区域经济一体化组织不断涌现,区域自由化进程大大加快。对当今世界而言,经济全球化和区域经济一体化是两个并存的重要趋势。在区域合作的动机、方式、内容、范围等方面均表现出与以往不同的特点。区域经济合作的蓬勃发展,必然对我国经济产生长远而广泛的影响。     

影响东北亚国际经济合作的国际政治因素

主导东北亚国际经济合作进程的不是经济方面的因素。而是国际政治方面的原因,国际政治对该地区经济合作的决定性影响主要表现在负效应上。朝鲜岛安全局势是影响东北亚地区国际经济合作的核心因素,大国关系是影响该地区经济合作的根本因素,领土争端、历史问题都通过对国家关系的影响而成为东北亚地区国际经济合作的障碍国素,美国是该地区安全局势及经济合作的最大的破坏性因素,为促进东北亚地区国际经济合作,该地区各参与国应精诚合作、平等互利,建立有效的政治合作机制。     

Race,the Economic Maturity Gap,and Criminal Offending in Young Adulthood

While research has documented that racial and ethnic groups are differentially involved in juvenile and adult crime, little research has examined whether economic and employment well‐being can explain Black and White adolescents' persistence in criminal activity into young adulthood. One potential explanation emerges from Moffitt, who posits an economic maturity gap to explain Blacks' greater persistence in offending in young adulthood. To evaluate this hypothesis, we draw on three waves of data available in the National Longitudinal Survey of Adolescent Health to examine whether economic and employment well‐being in young adulthood can account for the racial gap, and persistence in offending. Findings are consistent with Moffitt's hypothesis and indicate that economic and employment well‐being in young adulthood explain Blacks' greater involvement in criminal and violent offending in young adulthood. In addition, results indicate that the greater tendency of Blacks, compared to Whites, to persist in violent offending is also driven by the reduced economic and employment well‐being that Blacks face in young adulthood.     

“需要国家干预说”的法哲学分析

“需要国家干预说”是 20世纪中国经济法学最重要的学说之一。有限理性假设、国家适度干预、经济民主、社会公平、经济法治是其基本的法哲学叙事立场。国家是干预需要的满足者,“需要”是通过干预重建经济自由秩序的法律理由。国家超越市场利益关系对经济进行干预调节,国家干预由此构成经济法的基本哲学范畴与法理标志。经济宪政哲学是国家干预经济的法哲学进路,通过经济民主机制设定的干预才能避免经济专制,国家与社会成员共同分享经济权力才能保障干预的社会性与民主性,干预的达成并非一定为了公共,公共中的个体主义是结成公共的价值指引。     

Organized economic crime and corruption in Urkraine: The problem of countermeasures

The collapse of communism in Ukraine created opportunities for organized criminal groups to expand their economic criminal activities in the “shadow economy” by penetrating all levels of public and economic administration. Ukrainian law enforcement agencies are poorly equipped to handle this increase in criminal activity, especially with respect to uncooperative foreign and domestic economic institutions. State machinery for regulation and control of industry and commerce was easily accessible to organized crime through bribing of state officials, who received no supervision during economic restructuring. Notwithstanding the active assistance of corrupt government officials, organized economic crime has benefited from chaos and lost government control as the result of recent economic reforms in Ukraine. Researchers in this study hypothesize that the social and economic disorder, as well as a common and justified mistrust of state officials, fosters a pessimism and erodes moral standards, which in turn fosters criminal activity. Of late, judicial sentencing for those convicted of economic crimes has become lighter while many economic criminal cases are never investigated or prosecuted in the first place. In order to combat large-scale corruption, there must be better supervision of government officials and better monitoring of foreign economic transactions. One of the most disastrous consequences of the collapse of the Ukrainian communist system has been the widespread increase of economic crime. This phenomenon is self-sustaining, penetrating all levels of Ukraine's economy and administrative sectors. Criminal activity helps to sustain the shadow economy in Ukraine, which has been estimated by various sources to constitute 50 to 60 percent of the economy. Law enforcement and administrative efforts have been largely futile in curbing this corruption. Nevertheless, it is possible to overcome the criminal social and economic order that has become ingrained in this “shadow economy.” This paper seeks to propose policy solutions for Ukrainian economic crime and corruption that could be implemented at the national level.     

The Relationship between Legal Systems and Economic Development: Integrating Economic and Cultural Approaches

This paper seeks to demonstrate the need to bridge the gap between the economic and culture-based approaches to two issues which are fundamental to the debate over the relationship between legal reform and economic development: (a) the relative importance which economic actors around the world place on the legal system and (b) the core components of an effective legal system, as defined by those economic actors. It first outlines the major tenets of current economic legal reform policy, focusing on its underlying assumption that the perceptions and expectations of economic actors around the world do not vary significantly. Data from Geert Hofstede's study of variance in cultural values are then analysed in order to demonstrate how cultural values might affect private sector perceptions and expectations of legal systems as supporters of material progress. It concludes that there is a clear need for a more interdisciplinary approach to the debate over the relationship between legal reform and economic development, and the potential variance in private sector perceptions and expectations of legal systems in particular. Such an approach might be initiated through a systematic integration of existing data and theory from each discipline, reinforced by a new multi-country survey.     

国际经济法理论的多元视角

当代国际经济法应该具有多元开放的法学视角和理论进路,例如,法律视角、经济视角、政治视角、历史视角、人权视角、哲学视角、发展视角、可持续发展视角,等等。Jackson的实用主义宪法制度分析、Petersmann的理想主义自由宪政分析、Qureshi的全球化多元综合法律分析为国际经济法学术领域的三种主要视角。国际经济法的理论多元标志着国际经济法学术开始走出理论的幼稚和贫困,迈向理论的成熟和繁荣,进而超越概念之争,进入理论之争,乃至开启范式之争。     

经济法的观念基础与规则构成——对“需要国家干预论”的反思与拓展

作为经济法的重要学说之一的“需要国家干预论”,因其影响大,而争论和分歧也多,分歧的焦点在于对“谁之‘需要’”与“‘干预’什么”存在不同理解。对此问题,按整体主义理解,国家干预是社会基于整体经济发展的“需要”,这意味着“需要”的主体是社会,干预的内容是具有全局性和社会公共性经济关系。正因“需要”的主体是社会,就防止了国家干预的恣意性,同时,社会整体利益因有国家代表而得以保障,从而彰显了经济法的社会本位属性。另外,社会的“需要”决定了经济法的目的,目的作为指针指出了经济主体的行为准则,同时,整体构造的复杂性预示了经济法技术规范的复杂性与多样性。