IDEAS home Printed from https://ideas.repec.org/a/cai/riddbu/ride_257_0269.html
   My bibliography  Save this article

La fonction du droit dans une économie globalisée

Author

Listed:
  • Philippe Coppens

Abstract

The main challenge facing any explanation of the function of law in a globalised economy is to make sense of the idea that the law (and accordingly the State) can get an ambitious role in regulating free exchanges. Since neo-classical economy has been built on the dichotomy between facts and values, positive and normative economics, the gap between the problems of allocations of ressources (question of facts) and those of redistribution of ressources (question of values) seems irreductible. So, in this context, what can we expect from international economic law ? A pure role of instrument to be used for expanding international trade ? We all know that some legal rules and a minimal State are, at the very least, a necessity for the development of the market economy : to fix property rights, to organize some judicial procedures, to implement the principle pacta sunt servanda, etc. But is it all of it ? Law purports to guide action, to give us reasons for action. But an action is not a pure fact and is somewhat more complicated to analyse. In particular, an action is interrelated to other actions and to the desires of other persons. And, more than that, an action doesn’t happen into a physical time but inside a duration. Hence, my crucial claim in this paper is the following : the practical difference that the function of law can make in a globalised society – that is a function of redistributive justice – requires us to take into account that the reasonable man of law is not the rational economic man, most notably because the standard homo œconomicus behaves in a quantitative time while the reasonable man lives and follows practical norms in the duration of intersubjectivities.

Suggested Citation

  • Philippe Coppens, 2012. "La fonction du droit dans une économie globalisée," Revue internationale de droit économique, De Boeck Université, vol. 0(3), pages 269-294.
  • Handle: RePEc:cai:riddbu:ride_257_0269
    as

    Download full text from publisher

    File URL: http://www.cairn.info/load_pdf.php?ID_ARTICLE=RIDE_257_0269
    Download Restriction: free

    File URL: http://www.cairn.info/revue-internationale-de-droit-economique-2012-3-page-269.htm
    Download Restriction: free

    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:cai:riddbu:ride_257_0269. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Jean-Baptiste de Vathaire). General contact details of provider: http://www.cairn.info/revue-internationale-de-droit-economique.htm .

    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.

    We have no references for this item. You can help adding them by using 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.

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

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.