IDEAS home Printed from https://ideas.repec.org/p/hig/wpaper/31-law-2014.html
   My bibliography  Save this paper

Between efficiency and effectiveness

Author

Listed:
  • Sergey V. Tretyakov

    (National Research University Higher School of Economics)

Abstract

The main idea of this paper is that some sort of legal theory dealing with the law’s social impact is an indispensable element of the legal profession in the time of late modernity. Can legal theory pro-vide an adequate understanding of the social context of the application of law, relying solely on in-ternal resources? If not, which interdisiplinary discourse is the best and why?

Suggested Citation

  • Sergey V. Tretyakov, 2014. "Between efficiency and effectiveness," HSE Working papers WP BRP 31/LAW/2014, National Research University Higher School of Economics.
  • Handle: RePEc:hig:wpaper:31/law/2014
    as

    Download full text from publisher

    File URL: http://www.hse.ru/data/2014/01/30/1328980048/31LAW2014.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Becker, Gary S., 1978. "The Economic Approach to Human Behavior," University of Chicago Press Economics Books, University of Chicago Press, number 9780226041124, April.
    2. Christine Jolls & Cass R. Sunstein, 2006. "Debiasing through Law," The Journal of Legal Studies, University of Chicago Press, vol. 35(1), pages 199-242, January.
    3. Russek, Bernadette E. & Weinberg, Sharon L., 1993. "Mixed methods in a study of implementation of technology-based materials in the elementary classroom," Evaluation and Program Planning, Elsevier, vol. 16(2), pages 131-142.
    4. Richard H. Thaler & Cass R. Sunstein, 2023. "Libertarian paternalism," Chapters, in: Cass R. Sunstein & Lucia A. Reisch (ed.), Research Handbook on Nudges and Society, chapter 1, pages 10-16, Edward Elgar Publishing.
    5. Friedman, Milton, 1966. "Essays in Positive Economics," University of Chicago Press Economics Books, University of Chicago Press, number 9780226264035, April.
    6. Cass R. Sunstein & Richard H. Thaler, 2003. "Libertarian paternalism is not an oxymoron," Conference Series ; [Proceedings], Federal Reserve Bank of Boston, vol. 48(Jun).
    7. Sanja Franc & Maja Kušćer, 2016. "Characteristics and expected effects of the Transatlantic Trade and Investment Partnership," Notitia - journal for economic, business and social issues, Notitia Ltd., vol. 1(2), pages 63-76, December.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Abdulla S. Al-Shaiba & Sami G. Al-Ghamdi & Muammer Koc, 2019. "Comparative Review and Analysis of Organizational (In)Efficiency Indicators in Qatar," Sustainability, MDPI, vol. 11(23), pages 1-23, November.

    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. Kirchgässner, Gebhard, 2012. "Sanfter Paternalismus, meritorische Güter, und der normative Individualismus," Economics Working Paper Series 1217, University of St. Gallen, School of Economics and Political Science.
    2. Martin Binder & Leonhard K. Lades, 2015. "Autonomy-Enhancing Paternalism," Kyklos, Wiley Blackwell, vol. 68(1), pages 3-27, February.
    3. Roberto Fumagalli, 2016. "Decision sciences and the new case for paternalism: three welfare-related justificatory challenges," Social Choice and Welfare, Springer;The Society for Social Choice and Welfare, vol. 47(2), pages 459-480, August.
    4. Yannick Gabuthy & Nicolas Jacquemet, 2013. "Analyse économique du droit et méthode expérimentale," PSE-Ecole d'économie de Paris (Postprint) halshs-00746617, HAL.
    5. Sabine Frerichs, 2011. "False Promises? A Sociological Critique of the Behavioural Turn in Law and Economics," Journal of Consumer Policy, Springer, vol. 34(3), pages 289-314, September.
    6. repec:hal:wpaper:halshs-00746617 is not listed on IDEAS
    7. Bienenstock Sophie, 2018. "Utility Misperception in a Vertically Differentiated Duopoly," Review of Law & Economics, De Gruyter, vol. 14(3), pages 1-43, November.
    8. Christine Jolls, 2007. "Behavioral Law and Economics," NBER Working Papers 12879, National Bureau of Economic Research, Inc.
    9. Binder, Martin & Lades, Leonhard K, 2014. "Autonomy-enhancing paternalism," 2007 Annual Meeting, July 29-August 1, 2007, Portland, Oregon TN 2015-02, American Agricultural Economics Association (New Name 2008: Agricultural and Applied Economics Association).
    10. Wolfgang Kerber, 2014. "Soft Paternalismus und Verbraucherpolitik," MAGKS Papers on Economics 201449, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung).
    11. Gebhard Kirchgässner, 2017. "Soft paternalism, merit goods, and normative individualism," European Journal of Law and Economics, Springer, vol. 43(1), pages 125-152, February.
    12. Riccardo Rebonato, 2014. "A Critical Assessment of Libertarian Paternalism," Journal of Consumer Policy, Springer, vol. 37(3), pages 357-396, September.
    13. Joseph E. Stiglitz, 2017. "The overselling of globalization," Business Economics, Palgrave Macmillan;National Association for Business Economics, vol. 52(3), pages 129-137, July.
    14. Tasoff, Joshua & Letzler, Robert, 2014. "Everyone believes in redemption: Nudges and overoptimism in costly task completion," Journal of Economic Behavior & Organization, Elsevier, vol. 107(PA), pages 107-122.
    15. Ross Guest, 2010. "Policy Forum: Saving for Retirement: Policy Options to Increase Retirement Saving in Australia," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 43(3), pages 293-301, September.
    16. Asen Ivanov, 2021. "Optimal pension plan default policies when employees are biased," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 23(3), pages 583-596, June.
    17. Hitoshi Matsushima, 2018. "Bank Runs and Minimum Reciprocity," CIRJE F-Series CIRJE-F-1099, CIRJE, Faculty of Economics, University of Tokyo.
    18. Schnellenbach, Jan, 2012. "Nudges and norms: On the political economy of soft paternalism," European Journal of Political Economy, Elsevier, vol. 28(2), pages 266-277.
    19. Scott Duke Kominers & Alexander Teytelboym & Vincent P Crawford, 2017. "An invitation to market design," Oxford Review of Economic Policy, Oxford University Press, vol. 33(4), pages 541-571.
    20. Blomquist, Soren & Micheletto, Luca, 2006. "Optimal redistributive taxation when government's and agents' preferences differ," Journal of Public Economics, Elsevier, vol. 90(6-7), pages 1215-1233, August.
    21. Claus Dierksmeier, 2018. "Qualitative Freedom and Cosmopolitan Responsibility," Humanistic Management Journal, Springer, vol. 2(2), pages 109-123, February.

    More about this item

    Keywords

    efficiency; effectiveness; social context of law; neoclassical economics; behav-ioral law and economics; Hart; Kelsen; Sunstein; Glaeser;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

    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:hig:wpaper:31/law/2014. 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: Shamil Abdulaev or Shamil Abdulaev (email available below). General contact details of provider: https://edirc.repec.org/data/hsecoru.html .

    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.