德国言论自由的重要性及其限度——从“联合抵制电影案”等判例说起

在德国,法律十分重视平衡和保护言论自由,法律对人们言论的规制要受到来自个人名誉、尊严和道德方面的限制。但德国法律对言论自由的保护也有诸多不足：一是德国对言论自由的限制有过于宽松之嫌;二是在言词与行为之间没有作出区分;三是德国的基本法对言论自由的保护着重在民法方面,而没有刑法方面的保护。     

Coordination and price shocks: an empirical analysis

This paper outlines a new technique, which makes optimal control in a stochastic minimum variance framework computationally feasible. The new approach is then used to evaluate gains to policy coordination in the context of a macroeconometric model for the G-3. More specifically, we consider policy responses to a temporary price shock in a single country and in multi-country cases. The results show that coordination brings about a striking improvement in the overall control of inflation and a reduction in output costs.     

The participation decision versus the level of participation in an environmental treaty: a spatial probit analysis

This paper represents treaty participation as a two-stage game, for which nations first decide whether or not to participate and then they choose their level of participation. The resulting subgame perfect equilibrium is used to derive a reduced-form equation for estimating and separating the influences of the variables at the two decision stages. This spatial probit equation forms the basis for a full-information maximum likelihood estimator that accounts for the simultaneity bias associated with public good spillins at both stages. When the procedure is applied to the Helsinki Protocol, we find that the strategic influence of a variable may drastically differ depending upon which stage is scrutinized.     

利益相关者视角下开拓型制度创业机制研究

中国转型经济背景下,企业家通过开创一种从无到有的制度而形成的制度创业即被认为是开拓型制度创业,以阿里巴巴电商模式为典型代表的开拓型制度创业实践对于开拓型制度创业机制研究具有重要意义。以阿里巴巴为研究对象,从利益相关者视角出发,将阿里巴巴制度创业中利益相关者分为核心利益相关者、蛰伏利益相关者和边缘利益相关者3类。运用扎根理论方法,提炼出阿里巴巴制度创业面临来自利益相关者的制度创业约束、所使用的制度创业策略以及所获取的制度创业合法化,构建出阿里巴巴制度创业机制模型,最终提炼出开拓型制度创业一般机制模型。     

Applying digital analysis to detect fraud: an empirical analysis of US marine industry

Firms have tendency to window dress their financial statements by reporting earnings to achieve reference points represented by N × 10 ^k . Such practice of reporting rounded earnings is likely due to (1) firms may believe that investors perceive a reported earnings of $1.99 million to be significantly less than $2.0 million; and/or (2) contracts between firms and stakeholders are likely to express earnings in round numbers. Auditors have employed more sophisticated digital analysis such as Benford's law, as part of their fraud detection processes. This study investigated the window dressing behaviour among firms in the US marine industry. The findings of the study suggest that window dressing is a significant practice among the marine firms. However, the extent of the pervasiveness of such behaviour is less severe among marine firms than among all publicly-listed firms in the entire US economy, suggesting that the quality of financial statements of marine companies is higher than the overall population of public companies.     

The interrelations between legal and economic processes: a consideration of the reactions

The responses to my 1972 article on the interrelations between legal and economic processes are summarized and critiqued. The principal authors are James Buchanan, Peter Boettke, and William Fischell. My replies center on the normative character of their proposed alternative interpretations vis-à-vis my strictly positive approach. My positivist approach considers law as made rather than found; that law is not something transcendental and given but a matter of human social choice through pragmatic processes; that belief system and material interest influence law making and the law that is made influences belief system and material interests. The article thus is a defense of undertaking an objective, positivist analysis of law and government as they exist in actual political economies (legal-economic nexuses).

新制度经济学的边界——三种代表性观点及其比较

在新制度经济学的边界问题上,新制度经济学家(威廉姆森和芮切特)、旧制度经济学家(霍奇森)以及经济思想史家(卢瑟福)不仅边界刻画依据不完全相同,而且他们对新制度经济学智力成果的描述也存在着很大的差异。新制度经济学家认为,某种制度分析是否属于新制度经济学关键是看该理论是否假定环境存在着不确定性、人是否具有有限理性,是否明确地或隐含地以交易费用为正为前提。而新制度经济学的边界在旧制度经济学家和经济思想史家那里被进一步放宽。他们深入到本体论层面,认为某种制度分析只要坚持方法论个人主义,那么它就属于新制度经济学的内容。而新制度经济学家的边界刻画更能准确、客观地反映新制度经济学的智力成果。     

The foundations of trust: macro and micro

This comment on Beugelsdijk's (2006) critique of trust and itsmeasurement argues that it misses the mark, and that there isneither a theoretical nor an empirical foundation for thinkingthat the macro and micro foundations of trust or its measurementare different from each other. Generalised trust is more thana simple illusion hiding behind institutional structures.     

Institutional Resource Regimes: Towards sustainability through the combination of property-rights theory and policy analysis

Although the concept of sustainable development is gaining increasing political acknowledgement, despite the implementation of environmental policies specifically intended to solve problems in this area, environmental degradation resulting from the recurrent problems associated with the over-exploitation of natural resources remains an important concern for most countries. How can this situation be explained? This article postulates that a combination of approaches from the political sciences (in particular policy analysis) and institutional economics would enable the identification of the most relevant regulatory dimensions which can explain the (un)sustainable uses of resources. Based on this starting point, it develops an innovative theoretical framework, i.e. that of the Institutional Resource Regime (IRR).The adopted approach facilitates the analysis of the regulatory measures and resource management practices associated with complex and competitive heterogeneous use situations from a perspective of sustainability. Indeed, the two dimensions of “extent” and “coherence” enable the definition and categorization of the IRR of a given resource. The extent of an IRR refers to the total number of goods and services in use that are actually regulated by the regime at a given time, while the coherence measures the degree of coordination of the various user-actors within the regime. One of the major contributions of the IRR framework is its ability to describe the different configurations of regimes, both theoretically and empirically, and to predict their effect on the sustainability of a resource based on the hypothesis that high levels of regime extent and coherence are necessary preconditions for sustainability.By doing this, the IRR framework also enables the analysis of the actual use rights to the goods and services provided by resources as the result of the political strategies of actors who mobilize different legal provisions, which stem either from formal property rights to resources or from policies that regulate the use and protection of these resources.Having developed the central research hypotheses and the empirical research procedure, we present the lessons drawn from the first campaign of field research which was mainly conducted in Switzerland from 1999. Based on the evidence from these initial findings, it is suggested that the scope of the IRR framework could be far broader than evidenced by its application in the case of Switzerland where it was initially developed.     

国际服务贸易促进我国经济增长的实证分析及对策研究

随着全球经济的重点正从货物贸易转向服务贸易,服务贸易在我国经济高速持续增长中能够发挥重要支持和源泉作用。通过对1985-2001年的统计数据进行实证分析国际服务贸易对我国经济增长的作用,对我国服务贸易开放度与国际竞争力进行实证分析探讨服务贸易对经济增长带动不足的原因。提出引进、消化国外先进的生产性服务;发挥服务业传统优势,提高服务业知识技术含量,不断创造出新的优势;用竞争优势理论,努力增强我国服务贸易的国际竞争力;充分发挥政府在服务业竞争能力培育中的作用等增强服务贸易国际竞争力、支撑经济增长的政策建议。     

法律生态化视角下我国律师惩戒制度的构建

法律生态化关于以可持续发展为出发点,在立法倾向上以预防优先的观点对于目前我国律师惩戒制度的构建和完善有着积极的理论指导意义。在我国现行＂律师协会和各级司法行政机关两结合＂律师管理体制下,通过借鉴国外律师惩戒制度的先进经验,健全和完善一个统一高效、公正公平的惩戒制度,极具时代意义和现实意义的一个重要法治课题。     

Determinants of institutional quality: an empirical exploration

ABSTRACT

Recent literature has underlined the role that institutions play in the process of development, making it essential to understand why differences exist in the quality of institutions across countries. The goal of this study is to investigate the determinants of institutional quality. Our results confirm that institutional quality is conditioned by variables that can be modulated by public policy, such as income per capita, international openness, education, taxation, and patterns of income (re)distribution. Our conclusions differ from the pessimistic outlooks of works highlighting deterministic factors, such as colonial or geographical factors, as determinants of institutional quality.     

Two-tier rationality and reflexivity: an examination of the foundations of economic reason

This paper develops a two-tier concept of rationality which broadens the orthodox notion of instrumental rationality in economics. In the first section, I conceive the idea of “background rationality” to consist in the ability to act normally, i.e., according to social conventions appropriate to the context. Background rationality is a necessary condition for the exercise of its instrumental counterpart. Implications and applications of this for economic phenomena are investigated in Section II. The third section draws parallels between the approach to rationality developed in this paper and Thorstein Veblen's notion “habits of thought”. I argue that a viable concept of rationality must itself be subject to explanatory scrutiny and justification and not merely posited as given.     

International diffusion of embodied and disembodied technology: A network analysis approach

This study proposes a quantitative method for investigating the structure of international technology diffusion. By using network analysis, this study defines the structural configuration of each country within the international diffusion network by measuring its degree, closeness, and betweenness centralities. In addition, this study distinguishes between embodied technology diffusion, measured by multilateral trade, and disembodied technology diffusion, measured by patent citations, in individual countries. This study empirically tests a sample data set of international technology diffusion taken from 48 countries. The empirical results show that the structural configuration of countries exhibits similar patterns in both embodied and disembodied diffusion networks. Significant global stratification patterns exist in the capability of national international technology exportation and brokerage advantages. Moreover, this study distinguishes four blocks of countries that play different roles in international technology diffusion: the leading countries provide a source of technological knowledge; an intermediate group diffuses the knowledge acquired from the source; a third group is in the process of initiating the export of technological knowledge; and a final group of countries absorbs technological knowledge without reciprocal exportation. Finally, this study identifies two types of catch-up strategies that newly industrialized or developing countries can use to move up the international technology stratification.     

Innovative performance effects of institutional quality: an empirical investigation from the Triad

ABSTRACT

Using data for a set of 823 R&D-intense manufacturing firms within the Triad and the Quality of Government (QoG) dataset over the 2002–2010 period, this article investigates the effects of institutional quality upon firms’ inefficiency, through the application of a Stochastic Frontier Approach (SFA). Empirical evidence, which is robust to alternative specifications of the technology employed and different lag structures in R&D activities, reveals that improvements in the quality of institutions significantly reduce firms’ inefficiency and suggests that, among the set of relevant institutional factors considered, a pre-eminent role is found for the rule of law.     

The effects of lay participation in courts — A cross-country analysis

Legal philosophers like Montesquieu, Hegel and Tocqueville have argued that lay participation in judicial decision-making would have benefits reaching far beyond the realm of the legal system narrowly understood. From an economic point of view, lay participation in judicial decision-making can be interpreted as a renunciation of an additional division of labor, which is expected to cause foregone benefits in terms of the costs as well as the quality of judicial decision-making. In order to be justified, these foregone benefits need to be overcompensated by other – actually realized – benefits of at least the same magnitude. This paper discusses pros and cons of lay participation, presents a new database and tests some of the theoretically derived hypotheses empirically. The effects of lay participation on the judicial system, a number of governance variables but also on economic performance indicators are rather modest. A proxy representing historic experiences with any kind of lay participation is the single most robust variable.     

法律经济分析在侵权法中的意义

法律经济学是20世纪后半叶法学界对传统法学最重要的发展之一。相对于传统法学定性的研究,法经济分析把定性、定量相结合,极大地促进了法学研究。由于经济学交易成本、外部性和潜在利润的存在,侵权责任法为侵权立法指明取舍标准,平衡个人理性、集体理性,并且促成个人福利的最大化,以达到社会效用最大化的目的。     

The stability likelihood of an international climate agreement

Results derived from empirical analyses on the stability of climate coalitions are usually very sensitive to the large uncertainties associated with the benefits and costs of climate policies. This paper provides the methodology of Stability Likelihood (SL) that links uncertainties about benefits and costs of climate change to the stability of coalitions. We show that the concept of SL improves upon the robustness and interpretation of stability analyses. Moreover, our numerical application qualifies conclusions from a recent strand of literature based on stylised models with ex-ante symmetric players that learning has a negative impact on the success of coalition formation in context of uncertainty.      

社会创业活动驱动机制研究——一个模糊集定性比较分析

利用fsQCA方法,以22个经济体为样本分析个体、制度环境以及文化层面的5个条件联动匹配对社会创业活跃度的影响。结果表明：第一,机会感知、失败恐惧感、制度环境以及人文导向文化维度无法单独构成高或者非高社会创业活跃度的必要条件。第二,高社会创业活跃度路径有3种：高人文导向下的环境—能力型、低人文导向下的环境拉动型与环境推拉型。第三,非高社会创业活跃度产生路径有两种：低人文导向及拉动型制度环境缺失条件下,与其它要素联动匹配;高人文导向文化、低机会感知以及低失败恐惧感条件下,与不同类型制度环境联动匹配。第四,社会创业活跃度影响路径具有非对称性。