Psychology Dictionary of ArgumentsHome
| |||
|
| |||
| Author | Concept | Summary/Quotes | Sources |
|---|---|---|---|
|
Ludwig Lachmann on Law - Dictionary of Arguments
Parisi I 280 Law/Lachmann: at the moment of choice, a certain framework of rules is given. Today’s market transactions must be executed within the framework of rights as given today, but that framework is itself the unintended result of the past actions of many individuals. These rules of the game are the “relics” of successful plans of earlier generations generations that have “gradually crystallized” into institutions (Lachmann, 1971(1), pp. 68–69). >Institutions. Second, legal rules are not being changed in their entirety, but rather the change is marginal. “A change in the law can be marginal in the sense that it is perceived as deviating only slightly from precedent” (Rizzo, 1980(2), p. 651). Third, Rizzo further argues that certainty of the law and its flexibility are not incompatible and that the “law endures by changing” (Rizzo 1999(3), p. 499). The law must have a certain plasticity to survive through economic changes. A rigid or static framework would break apart. These considerations imply that the “system” of rules is relatively stable while marginal changes to specific rules adapt to new or changing circumstances. This is the idea of the decomposability of the system of rules. >Coordination. 1. Lachmann, L. M. (1971). The Legacy of Max Weber. Berkeley: The Glendessary Press. 2. Rizzo, M. J. (1980b). “The mirage of efficiency.” Hofstra Law Review 8(3): 641–658. 3. Rizzo, M. J. (1999). “Which Kind of Legal Order? Logical Coherence and Praxeological Coherence.” Journal des Economistes et des Etudes Humaines 9(4): 497–510. Rajagopalan, Shruti and Mario J. Rizzo “Austrian Perspectives on Law and Economics.” In: Parisi, Francesco (ed) (2017). The Oxford Handbook of Law and Economics. Vol 1: Methodology and Concepts. NY: Oxford University._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Lachmann, Ludwig Parisi I Francesco Parisi (Ed) The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017 |
||
