Positive,Normative and Functional Schools in Law and Economics

During its relatively short history, the law and economics movement has developed three distinct schools of thought. The first two schools of thought, often referred to as the Chicago or positive school and the Yale or normative school, developed almost concurrently. The functional school of law and economics, which developed subsequently, draws from public choice theory and the constitutional perspective of the Virginia school of economics to offer a third perspective which is neither fully positive nor fully normative. Various important methodological questions have accompanied the debate between these schools concerning the appropriate role of economic analysis in the institutional design of lawmaking and the limits of methods of evaluation of social preferences and aggregate welfare in policy analysis. These debates have contributed to the growing intellectual interest in the economic analysis of law.JEL Classification: K00, B0, B5, B25, B41     

Identifying the bandwagon effect in two-round elections

Albert Heckscher (1857–1897) was a Danish lawyer. In his dissertation (Bidrag till Grundlæggelse af en Afstemningslære), accepted in 1892 at the University of Copenhagen, Heckscher dealt with numerous issues related to voting, especially those related to vote-aggregation in parliaments, courts and committees. He knew the works of Condorcet and Borda quite well, and analyzed many topics that would nowadays fall into the domain of the theory of social choice. These include Condorcet-cycles, differences between Condorcet-effective rules and the Borda rule, strategic voting, the influence of the voting order under the parliamentary voting rules, the likelihood of single-peaked preference profiles, and the problems created by non-separable preferences. Heckscher’s treatment of the Judgment Aggregation Paradox is especially noteworthy. Although Kornhauser and Sager (Yale Law Journal 96: 82–117, 1986) are usually mentioned as the inventors of this problem, Heckscher’s earlier treatment confirms the suspicion that the problem is not of recent origin. Numerous issues studied in the post-Arrowian theory of voting may already be found in Heckscher’s dissertation; some of them have become subjects of systematic study only in the twenty-first century. It is argued that Albert Heckscher, the unknown nineteenth century Danish lawyer, deserves a place in the pantheon of the theory of social choice alongside his better known contemporaries Charles Dodgson and E. J. Nanson.     

A tribute to Earl A. Thompson and, in his own words, a summary of his general economic and social theory

Brilliant but little known, in part because his style was dense and crucial papers unpublished, Earl Thompson reformulated standard theory to achieve policy relevance, focusing on significant rent-seeking inefficiencies stemming from private information and transaction costs. Drawing on history, he showed a vast array of institutions to be efficient which economists had previously found to be inefficient, modeled governments and their nature, defined government’s functions, and showed why dominant states rise and fall.     

The physical competence test of the Dutch National Police: The effects of wearing a police uniform on test performance

ABSTRACT

In this study, we investigated the effects of wearing a police uniform and gear on officers’ performance during the Physical Competence Test (PCT) of the Dutch National Police. In a counterbalanced within-subjects design, twenty-seven police officers performed the PCT twice, once wearing sportswear and once wearing a police uniform. The results showed clear indications that wearing a police uniform influenced the performance on the PCT. Participants were on average 14 seconds slower in a police uniform than in sportswear. Furthermore, performing the test in uniform was accompanied by higher RPE-scores and total physiological load. It seems that wearing a police uniform during the test diminishes the discrepancy between physical fitness needed to pass the simulated police tasks in the PCT and the job-specific physical fitness that is required during daily police work. This suggests that wearing a police uniform during the test will increase the representativeness of the testing environment for the work field.     

Punctuated equilibrium in the energy regime complex

The concept of a regime complex has proved fruitful to a burgeoning literature in international relations, but it has also opened up new questions about how and why they develop over time. This article describes the history of the energy regime complex as it has changed over the past 40 years, and interprets this history in light of an interpretive framework of the sources of institutional change. One of its principal contributions is to highlight what Stephen Krasner referred to as a pattern of “punctuated equilibrium” reflecting both periods of stasis and periods of innovation, as opposed to a gradual process of change. We show that the timing of innovation depends on dissatisfaction and shocks and that the nature of innovation—that is, whether it is path-dependent or de novo—depends on interest homogeneity among major actors. This paper is the first to demonstrate the empirical applicability of the punctuated equilibrium concept to international regime complexes, and contributes to the eventual development of a dynamic theory of change in regime complexes.     

Willing Suspension of Disbelief: A Study in Online Learning Through Simulation,and Its Potential for Deeper Learning in Higher Education

This article describes the replacement of a “traditionally taught” law of probate course (lectures and workshops/tutorials) with an on-line collaborative learning exercise using simulation and role-play which is referred to hereafter as the Transactional Learning Project (TLP). The article considers the theory that the emotional engagement that comes about through role play in simulation leads to deeper learning, a process (Maharg in Simulation and the affective domain, Cambridge, 2010) has dubbed as the “integration of the cognitive and the affective”. The article includes statistical analysis of student feedback on the TLP in an attempt to measure how easy it is to carry students predisposed to expect information to be “given” rather than “acquired” along the journey leading away from traditional didactic teaching. The project was motivated partly by the dearth of such learning practices on the Legal Practice Course. It is suggested that the findings of the project add to the body of research (Keats and Boughey in High Educ 27:59–73, 1994) which tends to illustrate the success in terms of student learning from working in leaderless (i.e where the Tutor is absent from the collaborative group) groups engaged in practical tasks involving simulation.