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European Journal of Law and Economics - 相似文献
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This article uses economic categories to show how the reorganisation of civil procedure in the case of class action is not
merely aimed at providing a more efficient litigation technology, as hierarchies (and company law) might do for other productive
activities, but that it also serves to create a well defined economic organization ultimately aimed at producing a set of
goods, first and foremost among which are justice and efficiency. Class action has the potential to recreate, in the judicial
domain, the same effects that individual interests and motivations, governed by the perfect competition paradigm, bring to
the market. Moreover, through economic analysis it is possible to rediscover not only the productive function of this legal
machinery, but also that partial compensation of victims and large profits for the class counsel, far from being a side-effect,
are actually a necessary condition for reallocation of the costs and risks associated with the legal action. 相似文献
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European Journal of Law and Economics - Preventive detention legislation allows for the ongoing detention of an offender’s sentence. We explore the effects of pretrial detention on case... 相似文献
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The aim of this paper is to shed light on scholarly communication and its current trajectories by examining academics’ perception of Open Access, while also providing a reference case for studying social norm change. In this respect, the issue of publication choice and the role of Open Access journals casts light on the changes affecting the scientific community and its institutional arrangements for validating and circulating new research. The empirical investigation conducted also offers a useful vantage point for gauging the importance of localised social norms in guiding and constraining behaviour. 相似文献
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Richard A. Posner plays a totemic role within law and economics, and not only. His scholarship is so wide to the point that it is quite impossible to face any topic without finding a seminal contribution by him. This introduction presents a special issue devoted to Posner’s scientific and academic work. 相似文献
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Giovanni B. Ramello 《European Journal of Law and Economics》2011,31(1):123-141
Drawing from Coase’s methodological lesson, this article discusses the specific case of knowledge, which was for a long time
chiefly governed by exchange mechanisms lying outside the market, and has only recently been brought into the market. Its
recent, heavy “colonization” by the property paradigm has progressively elicited criticism from commentators who, for various
reasons, believe that the market can play only a limited role in pursuing efficiency in the knowledge domain. The article
agrees with the enounced thesis and tries to provide an explanation of it that relates to the fact that in specific circumstances
property-rights can produce distinct market failures that affect the social cost and can consequently prevent attainment of
social welfare. In particular, the arguments set forth here concern three distinct externalities that arise when enforcing
a property rights system over knowledge. First, the existence of a property right may itself alter individual preferences
and social norms, thus causing specific changes in individuals’ behaviour. Second, the idiosyncratic nature of knowledge,
as a collective and inherently indivisible entity, means that its full propertization can be expected to produce significant
harm. Third, property rights can cause endogenous drifts in the market structure arising from the exclusive power granted
to the right holder: though generally intended as a necessary mechanism for extracting a price from the consumer, in the knowledge
domain property rights can become a device for extracting rents from the market. 相似文献
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