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Analyse Economique du Droit versus Institutionnalisme. Une comparaison "en situation"

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  • Montagne, Sabine
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    Abstract

    Economic Analysis of Law versus Institutionnalism. A “in situation” comparison This paper compares two approaches of law economics concerning the same empirical object - the United States employees savings schemes – on one hand within the framework of mainstream Law and Economics and on the other within the framework of the Theory of the Regulation. These two approaches diverge as regards the way the take into account of politics, understood as conflicting social relationships. Mainstream approach allows avoiding an explicit treatment of politics at the individual level of the particular case. On the contrary, institutionalist habitus produces a political construction of its object of analysis. This "in situation" comparison shows a better capacity of generalization of institutionalist method because of its very dependence in politics.

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    File URL: http://basepub.dauphine.fr/xmlui/bitstream/123456789/1477/1/regulation-7574-n-5-analyse-economique-du-droit-versus-institutionnalisme-une-comparaison-en-situation-1.pdf
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    Bibliographic Info

    Paper provided by Paris Dauphine University in its series Economics Papers from University Paris Dauphine with number 123456789/1477.

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    Date of creation: Jun 2009
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    Publication status: Published in Revue de la Régulation. Capitalisme, institutions, pouvoirs, 2009, no. 5
    Handle: RePEc:dau:papers:123456789/1477

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    Keywords: Conflit; Institutionnalisme; Fonds de pension; Epargne salariale; Pouvoir; Théorie de la régulation;

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    1. Easterbrook, Frank H & Fischel, Daniel R, 1993. "Contract and Fiduciary Duty," Journal of Law and Economics, University of Chicago Press, University of Chicago Press, vol. 36(1), pages 425-51, April.
    2. Henry B. Hansmann & Ugo A. Mattei, 1998. "The Functions Of Trust Law: A Comparative Legal And Economic Analysis," Yale School of Management Working Papers, Yale School of Management ysm102, Yale School of Management.
    3. Montagne, Sabine, 2006. "Les fonds de pension, entre protection sociale et spéculation financière," Economics Papers from University Paris Dauphine, Paris Dauphine University 123456789/1499, Paris Dauphine University.
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