望远镜里的法经济学:理论架构和分析工具

法律经济学是利用经济分析的架构探讨法学问题。在面对各种官司时,除了诉诸相关的法条之外,还要有意识地提醒自己:思索和分析的工具,到底是什么?法学里常把问题分为两类,程序问题和实体问题;透过程序,处理实体。经济分析也是如此,透过各种分析技巧,厘清问题;实质问题所涉及的价值取舍,通常是分析的第二步或第三步。在法学教育中,几乎很少提到"往前看"的观点;当"如何善后"变得纠缠不清时,"往前看"的视角往往能另辟蹊径、豁然开朗。最重要的是,法律经济学的方法论,是先建构了解社会的一般性、原则性理论,再以之探讨法学问题。经济分析的特色和说服力如何,最好让证据来说话。     

The Death Penalty: Response to Ron Paul

Dr. Ron Paul, leader of the libertarian movement and former Congressman, favors the elimination of the death penalty. He argues from both a moral and economic, or pragmatic, perspective against executions. The present article takes issue with his stance and defends the killing of convicted murderers, with some caveats.     

The Logic of the New Pay Systems Revisited–in the Light of Experimental and Behavioral Economics

The article questions the logic of the new pay systems introduced in the public sector in many countries. The pay systems and their goals are consistent when looked upon through the lens of standard economic theory. In addition, we find no contradictions between the goals of the pay systems. However, if findings of experimental economics and behavioral economics are included in the analysis of the pay systems, this is not necessarily the case. Experimental economics and behavioral economics contribute with knowledge which must be taken into account when pay systems are designed.     

The political economy of capital flows and capital controls in Malaysia

This paper explains the neo-liberal reform measures – foreign direct investment (FDI) policies, financialisation and labour market reform – of the Korean economy following the 1998 economic crisis. It investigates how they have influenced a process identified as the bipolarisation of Korea. Although the increase in FDI inflows has contributed to the economy by overcoming balance of payments difficulties, it has led to increased income inequality. As a result of labour market reforms that targeted labour market flexibility, the number of non-regular/non-standard and part-time workers has increased significantly over the past decade. Labour market reform and financialisation aggravated the bipolarisation.     

How Does the Business of News Influence Terrorism Coverage? Evidence From The Washington Post and USA Today

Observers argue that the business of news is responsible for worsening the coverage of terrorism, but exactly how economic considerations influence coverage is controversial. Based on an analysis of over 1600 articles from The Washington Post and USA Today, we find that concerns about the effects of economic pressures on terrorism reporting are exaggerated. The business climate affects coverage, but the long-term impact of market pressures on coverage is modest. Articles about terrorist violence are increasingly prominent, but coverage of counterterrorism remains robust. Efforts to inoculate the press against the worst excesses of the market are unnecessary.     

Ideas and experts: Indonesian approaches to economic and security cooperation in the Asia‐Pacific region

Indonesia has been a key player in various initiatives to promote both economic and security cooperation in the Asia‐Pacific region in recent years. This essay explores the role of policy experts in facilitating these moves. The central argument is that in both policy spheres it is indeed possible to identify networks of policy experts who have been directly and indirectly associated with efforts to strengthen regional cooperation. Although the dearth of primary research into policy‐making processes in Indonesia makes it difficult to weigh the inputs of experts against other likely causal factors, there are reasonable grounds for believing that their contribution has been an important one.     

充分发挥政府作用 加快推进循环经济健康发展

本文从我国发展循环经济的实践中存在的诸多制约因素出发,阐述政策建议,旨在为政府推动循环经济提供政策思路。     

制度环境、预期和效率——民事审限制度改革的新视角

民事审限制度作为一项具体的民事诉讼制度,面临着"存"与"废"之争论,改革之声也此起彼伏。从制度经济学的有关理论和公共选择经济学这个视角进行分析,民事审限制度只是民事诉讼这一"制度群"里的一项具体制度,有其存在的制度环境,而且能实现其制度预期,不应废止。但是民事审限延长制度因其责任主体违法处罚制度的缺失,以及审限延长理由的过于抽象性的规定,存在监管真空,极易出现司法腐败,有碍提高司法效率,因此亟需进行改革和完善。     

Reviews

Books reviewed:
Byers (ed) The Role of Law in International Politics: Essays in International Relations and International Law
Jones Private Enforcement of Antitrust Law in the EU, UK and USA
Waldron Law and Disagreement
Forte (ed) Good Faith in Contract and Property Law
Lucy Understanding and Explaining Adjudication
Jones Speaking for the Dead: Cadavers in Biology and Medicine