Law, Economics and Evolutionary Theory

Law, Economics and Evolutionary Theory
Author: Peer Zumbansen
Publisher: Edward Elgar Publishing
Total Pages: 385
Release: 2011-01-01
Genre: Law
ISBN: 1849808988

Evolutionary theory belongs to the rare species of theories that are simultaneously fundamental and over-arching, implicating as it does numerous life contexts as well as an array of scholarly disciplines. Armed with a profound grasp of evolutionary theory and its implications to social research, Professors Zumbansen and Calliess have mobilized an appropriately diverse and truly stellar group of academics to investigate how this theory may provide new insights about law, economics, and their inter-relations. Cast against an especially broad intellectual backdrop set by the editors, this volume is sure to become a standard reference in literature. Amir N. Licht, Radzyner School of Law, Israel Zumbansen and Calliess have done a wonderful job in assembling papers from the leading scholars in the field, who draw on evolutionary approaches for explaining developments in both economics and the law. Anybody interested in issues of institutional change will be inspired by the wealth of ideas and the diversity of perspectives. Stefan Voigt, University of Hamburg, Germany Law and economics has arguably become one of the most influential theories in contemporary legal theory and adjudication. The essays in this volume, authored by both legal scholars and economists, constitute lively and critical engagements between law and economics and new institutional economics from the perspectives of legal and evolutionary theory. The result is a fresh look at core concepts in law and economics such as institutions , institutional change and market failure that offer new perspectives on the relationship between economic and legal governance. The increasingly transnational dimension of regulatory governance presents lawyers, economists and social scientists with an unprecedented number of complex analytical and conceptual questions. The contributions to this volume engage with legal theory, new institutional economics, economic sociology and evolutionary economics in an interdisciplinary assessment of the capacities and limits of the state, markets and institutions. Drawing as well upon legal sociology and the philosophy of law, the authors expand and transform the known terrain of law and economics by applying evolutionary theory to both law and economics from a domestic and transnational perspective. Legal scholars, evolutionary and regulatory theorists, economists, economic sociologists, economic historians and political scientists will find this cutting-edge volume both challenging and engaging.

Law, Economics, and Evolutionary Theory

Law, Economics, and Evolutionary Theory
Author: Peer C. Zumbansen
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

This paper is the introduction essay to an edited collection entitled “Law, Economics, and Evolutionary Theory”, forthcoming with Edward Elgar. The volume brings together work by legal scholars, economists, historians and sociologists and aims at a critical investigation of the parallel and often competing theoretical architectures of legal and economic governance from an evolutionary perspective. By reconstructing discussions in law over the relationship between legal realism, law & society, and law & economics, and in economics over the merits and prospects of institutional and neo-institutional economics from an evolutionary perspective, the introduction argues that a theory of governance must today build on and incorporate the developments in both of these regulatory disciplines. Contributions from evolutionary theory and sociology, in particular in the important field of economic sociology, provide a fresh perspective on the particular dynamics of disciplinary development. Authors to the volume include Marc Amstutz, Amitai Aviram, Bruce Benson, Gralf-Peter Calliess, Fabio Carvalho, Paul David, Simon Deakin, Bart Du Laing, Martina Eckardt, Thráinn Eggertsson, Jörg Freiling, Wolfgang Kerber, Richard McAdams, Joel Mokyr, Eric Posner, Moritz Renner, Erich Schanze, Jan Smits and Mauro Zamboni.

An Evolutionary Theory of Economic Change

An Evolutionary Theory of Economic Change
Author: Richard R. Nelson
Publisher: Harvard University Press
Total Pages: 456
Release: 1985-10-15
Genre: Business & Economics
ISBN: 9780674041431

This book contains the most sustained and serious attack on mainstream, neoclassical economics in more than forty years. Nelson and Winter focus their critique on the basic question of how firms and industries change overtime. They marshal significant objections to the fundamental neoclassical assumptions of profit maximization and market equilibrium, which they find ineffective in the analysis of technological innovation and the dynamics of competition among firms. To replace these assumptions, they borrow from biology the concept of natural selection to construct a precise and detailed evolutionary theory of business behavior. They grant that films are motivated by profit and engage in search for ways of improving profits, but they do not consider them to be profit maximizing. Likewise, they emphasize the tendency for the more profitable firms to drive the less profitable ones out of business, but they do not focus their analysis on hypothetical states of industry equilibrium. The results of their new paradigm and analytical framework are impressive. Not only have they been able to develop more coherent and powerful models of competitive firm dynamics under conditions of growth and technological change, but their approach is compatible with findings in psychology and other social sciences. Finally, their work has important implications for welfare economics and for government policy toward industry.

Law and Economics from an Evolutionary Perspective

Law and Economics from an Evolutionary Perspective
Author: Glen Atkinson
Publisher: Edward Elgar Publishing
Total Pages: 196
Release: 2016-06-24
Genre: Business & Economics
ISBN: 1785361309

Law and economics are interdependent. Using a historical case analysis approach, this book demonstrates how the legal process relates to and is affected by economic circumstances. Glen Atkinson and Stephen P. Paschall examine this co-evolution in the context of the economic development that occurred in the nineteenth and early twentieth centuries as well as the impact of the law on that development. Specifically, the authors explore the development of a national market, the transformation of the corporation, and the conflict between state and federal control over businesses. Their focus on dynamic, integrated systems presents an alternative to mainstream law and economics.

The Oxford Handbook of Financial Regulation

The Oxford Handbook of Financial Regulation
Author: Niamh Moloney
Publisher: OUP Oxford
Total Pages: 817
Release: 2015-08-27
Genre: Law
ISBN: 0191510866

The financial system and its regulation have undergone exponential growth and dramatic reform over the last thirty years. This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academic community, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state of the art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes a contextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades. The first three parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the perennial objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability, market efficiency, integrity, and transparency; and consumer protection. The Oxford Handbook of Financial Regulation is an invaluable resource for scholars and students of financial regulation, economists, policy-makers and regulators.

Understanding Economic Change

Understanding Economic Change
Author: Ulrich Witt
Publisher: Cambridge University Press
Total Pages: 411
Release: 2018-11-29
Genre: Business & Economics
ISBN: 1107136202

Shows how thinking in evolutionary terms enhances our understanding of the economic and social change taking place at all levels.

Evolutionary Governance Theory

Evolutionary Governance Theory
Author: Kristof van Assche
Publisher: Springer Science & Business Media
Total Pages: 95
Release: 2013-07-26
Genre: Business & Economics
ISBN: 3319009842

​This short books offers the reader a remarkable new perspective on the way markets, laws and societies evolve together. It can be of use to anyone interested in development, market and public sector reform, public administration, politics & law. Based on a wide variety of case studies on three continents and a variety of conceptual sources, the authors develop a theory that clarifies the nature and functioning of dependencies that mark governance evolutions. This in turn delineates in an entirely new manner the spaces open for policy experiment. As such, it offers a new mapping of the middle ground between libertarianism and social engineering. Theoretically, the approach draws on a wide array of sources: institutional & development economics, systems theories, post-structuralism, actor- network theories, planning theory and legal studies.

Why is Economics not an Evolutionary Science

Why is Economics not an Evolutionary Science
Author: Thorstein Veblen
Publisher: Read Books Ltd
Total Pages: 28
Release: 2015-02-11
Genre: Business & Economics
ISBN: 147339886X

Why is Economics not an Evolutionary Science' was first published in 1898 in the Quarterly Journal of Economics. It's author, Thorstein Veblen, was the son of Norwegian American immigrants. He grew up to become a prominent economist and sociologist, producing many books and articles. The subject of this article is arguably the concept he is best known for: utilising evolutionary theory to develop a 20th century theory of economics. This is a must read for anyone with an interest in the influential ideas of this renowned thinker. We are republishing this work with a brand new introductory biography.

Foundations of Economic Evolution

Foundations of Economic Evolution
Author: Carsten Herrmann-Pillath
Publisher: Edward Elgar Publishing
Total Pages: 695
Release: 2013-01-01
Genre: Business & Economics
ISBN: 178254836X

ÔThis book is an ambitious intellectual enterprise to build a naturalistic foundation for economics, with amazingly vast knowledge of physical, biological, social sciences and philosophy. Readers will discover that approaches and insights emergent in institutional studies, (social)-neuroscience, network theory, ecological economics, bio-culture dualistic evolution, etc. are persuasively placed in a grand unified frame. It is written in a good Hayekian tradition. I recommend this book particularly to young readers who aspire to go beyond a narrowly specified discipline in the age of expanding communicability of knowledge and ideas.Õ Ð Masahiko Aoki, Stanford University, US ÔCarsten Herrmann-PillathÕs new book is an in-depth application of natural philosophy to economics that draws up an entirely new framework for economic analysis. It offers path-breaking insights on the interactions between human economic activity and nature and outlines a convincing solution to the long-standing reductionism controversy. A must-read for everyone interested in the philosophical underpinnings of economics as a science.Õ Ð Ulrich Witt, Max Planck Institute of Economics, Jena, Germany ÔÒBig pictureÓ philosophy of economics drifted into a dull cul-de-sac as it became obsessively focused on falsifiability and rationality. In this book Carsten Herrmann-Pilath pushes the field back onto the open highway by locating economics in the larger frameworks of metaphysics, evolutionary dynamics and information theory. This is large-scale, ambitious synthesis of ideas of the kind we expect from time to time to see devoted to physics and biology. Why should economics merit anything less? But of course this kind of intellectual tapestry must await the appearance of an unusually devoted scholar with special patience and eccentric independence from the pressure for quick returns that characterizes academic life. In the person of Hermann-Pilath this scholar has appeared. No one who wants to examine economics whole and in its richest context should miss his virtuoso performance in this book.Õ Ð Don Ross, University of Cape Town, South Africa and Georgia State University, US ÔHerrmann-PillathÕs work attempts to bring to bear upon the discipline of economics perspectives from other discourses which have been burgeoning recently Ð namely, thermodynamics, evolutionary biology, and semiotics, aiming at a consilience contextualized by economic activity and problems. This marks the work as a contemporary example of natural philosophy, which is now at the doorstep of a revival. The overall perspective is that human economic activity is an aspect of the ecology of the earthÕs surface, viewing it as an evolving physical system mediated through distributed mentality as expressed in technology evolution. Knowledge is taken to be ÔphysicalÕ with a performative function, as in PeirceÕs pragmaticism. Thus, the social meanings of expectations, prices, and credit are found to be rooted in energy flows. The work draws its foundation from Hegel and C.S. Peirce and its immediate guidance from Hayek, Veblen and Georescu-Roegen. The author generates an energetic theory of economic growth, guided by OdumÕs maximum power principle. Economic discourse itself is reworked in the final chapter, in light of the examinations of the previous chapters, naturalizing economics within an extremely powerful contemporary framework.Õ Ð Stanley N. Salthe, Binghamton University, US ÔAn Oscar-winning performance in the Òtheatre of consilience.Ó ItÕs hard to know which to praise first: Carsten Herrmann-PillathÕs humility or his ambition. He says his book Òis not a great intellectual featÓ because he pursues the Òhumble taskÓ of putting together Òthe ideas of others.Ó When he finally gets to economics he tries to Òbe as simple as possibleÓ and to conceive of economics in terms of the basics, at Òundergraduate level, so to say.Ó On the other hand, the scale of his ambition is to rethink the foundations of economics from first principles, while, at the same time, holding a running dialogue between contemporary sciences and classic philosophy. HeÕs much too modest, of course, because Foundations is a major achievement, but his modesty points to what makes it such a powerful treatise: the book is not about his preferences or prejudices; it is a Òscientific approach that aims at establishing truthful propositions about reality.Ó That is much harder to achieve than grand theories or Òcomplicated mathematics,Ó because it amounts to a new modern synthesis of the field Ð an achievement on a par with Julian HuxleyÕs, whose own modern synthesis of evolutionary theories in the 1940s allowed for the explosive growth of the biosciences over the next decades. The structure of the book is simple enough, providing a framework for the Ònaturalistic turnÓ in economics. Starting from material existence, causation and evolution, Herrmann-Pillath takes us through four fundamental concepts Ð individuals, networks, institutions and technology Ð before coming finally to the Òrealm of economics proper,Ó i.e. markets. However, Herrmann-Pillath believes that the Òfoundations of economics cannot be found within economicsÓ but only in dialogue with other sciences, or what he calls the Òtheatre of consilience.Ó ItÕs a theatre in which various characters come and go, where dialogue ebbs and flows, conflicts arise and are resolved, and where individual actions can be seen as concepts as, leading to higher levels of meaning as the plot unfolds. The magic of theatre, of course, is that the point of intelligibility, where the characters, actions and narrative resolve into meaningfulness, is projected out of the drama itself, into the spectator. ThatÕs you, dear reader. So it is with economics as a discipline. Economics is a player in a much larger performance about what constitutes knowledge, and how we know that. It is also a player in the economy it seeks to explain. To understand why money, firms, growth, prices, markets and other staples of economic thought emerge and function the way they do, it is necessary situate the analysis beyond economics (and the economy), and to engage with developments across the human, evolutionary and complexity sciences. This is what Herrmann-Pillath does, analyzing a breathtaking range of illuminating and sometimes challenging work along the way. We are treated to new ideas about the externalized brain, the evolution of knowledge in the Earth System (i.e. not just among humans), the role of signs and performativity in these processes, as well as that of Òenergetic transformations.Ó But Herrmann-Pillath is not satisfied with the ÒmodestÓ task of bringing the best of modern scientific thought to bear on economic concepts and performances; he really does harbor a deeper purpose. The clue is in his apparently quixotic desire to hang on to philosophical insights associated with pre-evolutionary thinkers like Aristotle and Hegel, and his apparently eccentric desire to place the semiotic philosophy of C.S. Pierce at center stage. But the patient observer will see that he is not seeking to change the facts by imposing idealist notions on them after the event. Instead, he is arguing for a change in the way we perform ourselves in the face of these facts. He is looking for a modern-day equivalent of Confucius or Socrates: one who can imagine values and beliefs that Òdefine the human species in a new way.Ó For those who have eyes to see, as the drama unfolds, it may be that we have found such a figure in Carsten Herrmann-Pillath himself, modesty, ambition and all. This is ÒCultural ScienceÓ as it should be done.Õ Ð John Hartley, Curtin University, Australia and Cardiff University, UK

Evolution and Constitution

Evolution and Constitution
Author: E.F. Oeser
Publisher: Springer Science & Business Media
Total Pages: 222
Release: 2013-06-29
Genre: Philosophy
ISBN: 9401715025

This work for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and should help to build a bridge between 'two cultures', science and humanities. It is addressed to philosophers of law, historians of law, theorists of science and social scientists.