IDEAS home Printed from https://ideas.repec.org/p/hal/journl/hal-03820441.html
   My bibliography  Save this paper

Methodological Individualism and the Foundations of the "Law and Economics" movement

Author

Listed:
  • Jean-Baptiste Fleury

    (HDEA - Histoire et Dynamique des Espaces Anglophones - SU - Sorbonne Université)

  • Alain Marciano

    (MRE - Montpellier Recherche en Economie - UM - Université de Montpellier)

Abstract

The purpose of this paper is to discuss the methodological foundations of the law and economics movement, with a special emphasis on the role and place of individuals within their framework. Reviewing the works of the main contributors-the founders, indeed-to the law and economics movement, we show that all of them considered that the analysis of legal phenomena had to start from individual behavior, even as these very behaviors were embedded, to various degrees, though not determined, in legal and institutional frameworks. The all use social, systemic, institutional and anti-reductionist individualistic methodology. This is not inconsistent or contradictory. Indeed, methodological individualism does not imply to conceive human beings as (isolated) atoms living as if they were suspended in a social vacuum.

Suggested Citation

  • Jean-Baptiste Fleury & Alain Marciano, 2022. "Methodological Individualism and the Foundations of the "Law and Economics" movement," Post-Print hal-03820441, HAL.
    • Handle: RePEc:hal:journl:hal-03820441
    Note: View the original document on HAL open archive server: https://cnrs.hal.science/hal-03820441
    as

    Download full text from publisher

    File URL: https://cnrs.hal.science/hal-03820441/document
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Geoffrey M. Hodgson, 2007. "Meanings of methodological individualism," Journal of Economic Methodology, Taylor & Francis Journals, vol. 14(2), pages 211-226.
    2. Marciano, Alain & Melcarne, Alessandro & Ramello, Giovanni B., 2020. "Justice Without Romance: The History Of The Economic Analyses Of Judges’ Behavior, 1960–1993," Journal of the History of Economic Thought, Cambridge University Press, vol. 42(2), pages 261-282, June.
    3. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    4. Marciano, Alain, 2012. "Guido Calabresi's economic analysis of law, Coase and the Coase theorem," International Review of Law and Economics, Elsevier, vol. 32(1), pages 110-118.
    5. Downs, Anthony, 1969. "Round Table on Allocation of Resources in Law Enforcement," American Economic Review, American Economic Association, vol. 59(2), pages 504-505, May.
    6. Gary S. Becker & George J. Stigler, 1974. "Law Enforcement, Malfeasance, and Compensation of Enforcers," The Journal of Legal Studies, University of Chicago Press, vol. 3(1), pages 1-18, January.
    7. Claude Ménard & Elodie Bertrand, 2016. "The Elgar Companion to Ronald H. Coase," Post-Print hal-01315549, HAL.
    8. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    9. Coase, R H, 1988. "The Nature of the Firm: Influence," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 4(1), pages 33-47, Spring.
    10. Rottenberg, Simon, 1969. "Round Table on Allocation of Resources in Law Enforcement," American Economic Review, American Economic Association, vol. 59(2), pages 508-510, May.
    11. William M. Landes, 1974. "An Economic Analysis of the Courts," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 164-214, National Bureau of Economic Research, Inc.
    12. George J. Stigler, 1938. "Social Welfare and Differential Prices," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 20(3), pages 573-586.
    13. Levy,David M. & Peart,Sandra J., 2020. "Towards an Economics of Natural Equals," Cambridge Books, Cambridge University Press, number 9781108428972.
    14. Kaplow, Louis & Shavell, Steven, 1994. "Why the Legal System Is Less Efficient Than the Income Tax in Redistributing Income," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 667-681, June.
    15. Posner, Richard A, 1971. "Killing or Wounding to Protect a Property Interest," Journal of Law and Economics, University of Chicago Press, vol. 14(1), pages 201-232, April.
    16. Backhaus, Jürgen G., 1978. "Lawyers' economics vs. economic analysis of law," Discussion Papers, Series I 117, University of Konstanz, Department of Economics.
    17. George J. Stigler, 1964. "Competition and Concentration," Challenge, Taylor & Francis Journals, vol. 12(4), pages 18-21, January.
    18. Rutherford,Malcolm, 1996. "Institutions in Economics," Cambridge Books, Cambridge University Press, number 9780521574471, January.
    19. Landes, William M, 1969. "Round Table on Allocation of Resources in Law Enforcement," American Economic Review, American Economic Association, vol. 59(2), pages 505-508, May.
    20. Juergen G. Backhaus, 2017. "Lawyers’ economics versus economic analysis of law: a critique of professor Posner’s “economic” approach to law by reference to a case concerning damages for loss of earning capacity," European Journal of Law and Economics, Springer, vol. 43(3), pages 517-534, June.
    21. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    22. Shavell, Steven, 1981. "A Note on Efficiency vs. Distributional Equity in Legal Rulemaking: Should Distributional Equity Matter Given Optimal Income Taxation?," American Economic Review, American Economic Association, vol. 71(2), pages 414-418, May.
    23. Steven G. Medema, 2020. "The Coase Theorem at Sixty," Journal of Economic Literature, American Economic Association, vol. 58(4), pages 1045-1128, December.
    24. Alchian, Armen A. & Demsetz, Harold, 1973. "The Property Right Paradigm," The Journal of Economic History, Cambridge University Press, vol. 33(1), pages 16-27, March.
    25. Steven Medema, 2011. "A case of mistaken identity: George Stigler, “The Problem of Social Cost,” and the Coase theorem," European Journal of Law and Economics, Springer, vol. 31(1), pages 11-38, February.
    26. Hoffman, Richard B, 1969. "Round Table on Allocation of Resources in Law Enforcement," American Economic Review, American Economic Association, vol. 59(2), pages 510-512, May.
    27. Toboso, Fernando, 2001. "Institutional Individualism and Institutional Change: The Search for a Middle Way Mode of Explanation," Cambridge Journal of Economics, Cambridge Political Economy Society, vol. 25(6), pages 765-783, November.
    28. Reinhard Neck, 2021. "Methodological Individualism: Still a Useful Methodology for the Social Sciences?," Atlantic Economic Journal, Springer;International Atlantic Economic Society, vol. 49(4), pages 349-361, December.
    29. Arrow, Kenneth J, 1994. "Methodological Individualism and Social Knowledge," American Economic Review, American Economic Association, vol. 84(2), pages 1-9, May.
    30. Harnay, Sophie & Marciano, Alain, 2009. "Posner, Economics And The Law: From €Œlaw And Economics†To An Economic Analysis Of Law," Journal of the History of Economic Thought, Cambridge University Press, vol. 31(2), pages 215-232, June.
    31. Posner, Richard A, 1987. "The Law and Economics Movement," American Economic Review, American Economic Association, vol. 77(2), pages 1-13, May.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Jean-Baptiste Fleury & Alain Marciano, 2022. "Richard A. Posner (1939–)," Springer Books, in: Robert A. Cord (ed.), The Palgrave Companion to Chicago Economics, chapter 35, pages 901-923, Springer.
    2. Alain Marciano & Sophie Harnay, 2008. "Posner, Economics and the Law: from Law and Economics to an Economic Analysis of Law," ICER Working Papers 09-2008, ICER - International Centre for Economic Research.
    3. A. Mitchell Polinsky & Steven Shavell, 2005. "Economic Analysis of Law," Discussion Papers 05-005, Stanford Institute for Economic Policy Research.
    4. Alain Marciano, 2018. "Posner, Richard," Post-Print hal-02306799, HAL.
    5. Beck, Thorsten & Demirguc-Kunt, Asli & Levine, Ross, 2006. "Bank supervision and corruption in lending," Journal of Monetary Economics, Elsevier, vol. 53(8), pages 2131-2163, November.
    6. Joshua Schwartzstein & Andrei Shleifer, 2013. "An Activity-Generating Theory of Regulation," Journal of Law and Economics, University of Chicago Press, vol. 56(1), pages 1-38.
    7. Alain Marciano, 2010. "Calabresi, "law and economics" and the Coase theorem," ICER Working Papers 26-2010, ICER - International Centre for Economic Research.
    8. Anastassios Karayiannis & Aristides Hatzis, 2012. "Morality, social norms and the rule of law as transaction cost-saving devices: the case of ancient Athens," European Journal of Law and Economics, Springer, vol. 33(3), pages 621-643, June.
    9. Thorsten Beck & Asli Demirguc-Kunt & Ross Levine, 2003. "Bank Supervision and Corporate Finance," NBER Working Papers 9620, National Bureau of Economic Research, Inc.
    10. Sophie Harnay & Alain Marciano, 2009. "Should I help my neighbor? Self-interest, altruism and economic analyses of rescue laws," European Journal of Law and Economics, Springer, vol. 28(2), pages 103-131, October.
    11. Jay P. Shimshack, 2014. "The Economics of Environmental Monitoring and Enforcement," Annual Review of Resource Economics, Annual Reviews, vol. 6(1), pages 339-360, October.
    12. Steven G. Medema, 2020. "The Coase Theorem at Sixty," Journal of Economic Literature, American Economic Association, vol. 58(4), pages 1045-1128, December.
    13. Marciano, Alain, 2012. "Guido Calabresi's economic analysis of law, Coase and the Coase theorem," International Review of Law and Economics, Elsevier, vol. 32(1), pages 110-118.
    14. Antonio Acconcia & Marcello D'Amato & Riccardo Martina, 2003. "Corruption and Tax Evasion with Competitive Bribes," CSEF Working Papers 112, Centre for Studies in Economics and Finance (CSEF), University of Naples, Italy.
    15. Miceli, Thomas J., 2007. "Criminal solicitation, entrapment, and the enforcement of law," International Review of Law and Economics, Elsevier, vol. 27(2), pages 258-268.
    16. Yahagi, Ken, 2021. "Law enforcement with motivated agents," International Review of Law and Economics, Elsevier, vol. 66(C).
    17. Giovanni Immordino & Marco Pagano, 2010. "Legal Standards, Enforcement, and Corruption," Journal of the European Economic Association, MIT Press, vol. 8(5), pages 1104-1132, September.
    18. Garoupa, Nuno & Klerman, Daniel, 2004. "Corruption and the optimal use of nonmonetary sanctions," International Review of Law and Economics, Elsevier, vol. 24(2), pages 219-225, June.
    19. Kuehn, Daniel, 2021. "James Buchanan, Gordon Tullock, and the “Radically Irresponsible” One Person, One Vote Decisions," OSF Preprints zetq4, Center for Open Science.
    20. Rafael La Porta & Florencio Lopez‐De‐Silanes & Andrei Shleifer, 2006. "What Works in Securities Laws?," Journal of Finance, American Finance Association, vol. 61(1), pages 1-32, February.

    More about this item

    Keywords

    Law and economics; economic analysis of law; methodological individualism;
    All these keywords.

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hal:journl:hal-03820441. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: CCSD (email available below). General contact details of provider: https://hal.archives-ouvertes.fr/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.