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Law and Economics \

Author: TangJie
Tutor: ZhouZuCheng
School: Southwest University of Political Science
Course: Legal Theory
Keywords: Rational choice Bounded Rationality Game Law and Economics Behavioral Law and Economics
CLC: D90-05
Type: Master's thesis
Year: 2008
Downloads: 243
Quote: 0
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Abstract


From the \Rational choice theory is the cornerstone of the economic analysis of law, originally from Adam Smith's \invisible hand \Neoclassical economics based on the development of \completeness of the information, have a complete knowledge and computing power, and judgment and calculation of economic benefits; revenue maximization, to precisely calculate the expected utility, under certain constraints to maximize utility. This \Simon initially proposed the concept of \the introduction of law and economics analysis of psychological research and other scholars reflect real human behavior, questioned the rational choice theory of rational expectations, utility maximization, stable preferences have sufficient information processing capacity four assumptions based on limited rational, limited will and limited self-interest situation, the American Law economists Malloy from the value angle that rational selection process involving value judgment is a creative activity, the significance of the formation process and the value of conflict mediation The process of unification. The value of rational choice subject to local legal, moral, cultural traditions, ideologies on the one hand, on the other hand should be subject to the subjective experience of value choices, emotions, inner need. Rational choice starts with the selection of the interpretation of the main body of information, and this process is ongoing, interactive. A variety of values, ideology, compromise in this process, the legal role to play in this process is to explain and predict the under the rules of the perpetrator's the countermeasures behavior. Seen, the meaning of \advancing to the empirical direction. The direction of this positivism, is also reflected in the evolution of rational choice analysis tools. Cost - benefit analysis tool is \Balanced - benefit analysis tool is mainstream analysis tools take the premise of dynamic game theory. Behavioral analysis is take \Three analytical tools on behalf of the three stages of the development of \First stage, the cost - benefit analysis tool based on three assumptions of price theory - rational, stable preferences and static equilibrium to market 'to look at the legal issues that the rule of law is the formation of different implicit price the legal relationship between the people is just another form of transaction, the role of the law, that is to minimize the cost of the people to cooperate. First, the costs and benefits of the law is difficult to single value to precisely quantify the comparison; Second, the cost - benefit analysis still involves value judgments of the behavior of people, beyond the economic paradox is that the cost - benefit analysis tools: learn the scope of the study of instrumental rationality;, cost - benefit analysis is the analysis tools in the static equilibrium conditions, the limited scope of use in reality. The second phase, balanced - benefit analysis (game) is an interactive decision-making tools to use incomplete information dynamic game model study law under the rules of behavior. The game equilibrium adhere to methodological individualism, think that the personal equilibrium participate maximized decision-making; contains factors of holism, because to reach and maintain equilibrium of all participants to maximize the realization of decision-making; would also background framework of the formal system (political, economic, contracts, etc.) and informal institutions (values, ethics, customs, ideologies, etc.) are classified into the game, to constrain the behavior of individuals seeking to maximize; important, game equilibrium reached depends on the value judgments of participants. Balanced - benefit analysis more realistic, more explanatory power. The third stage, the behavior analysis further experience in psychology, empirical observation, and behavioral experiments to test the individual decision-making mechanism, rational process to reveal the basis of decision-making to form and process, and found many \decision-making, such as individual bounded rationality, constructive personal preferences, risk aversion, extreme sexual aversion, optimism bias, architecture effect, and so on. Thus, the behavioral analysis, decision-making psychological characteristics, patterns of behavior and decision-making between the results is interactive. And in the face of complex and unknown significance realistic choice, revelation, prejudices, past experience as well as the impact of the decision-making of the social norms of behavior people is particularly crucial. The authors believe, the connotation and analysis of the theory of \value targets, as well as the means to achieve these goals, the explanatory power and predictive power of the law and economics, to get rid of the difficulties away from reality. Second, the application of rational choice analysis tools to predict, to judge the reaction of the law under the rules of behavior to illustrate the effect of the rule of law, and thus provide the basis for the choice of the rule of law. Third, the process of rational choice theory rational, value rational guidance to construct a good legal system environment, and promote legal system designed to minimize or eliminate bias, the perpetrator of computing power and information to meet the optimal decision requirements guide to select the main rational decision-making.

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