Conceptions of property rights and norms

The social norm literature in law and economics fails to account for the differences between the two major conceptions of property rights. The differences between the two conceptions affect people’s utility function by affecting how increases in property rights are perceived. This paper discusses how the modern, in rem, conception evolved from an older, in personam, conception; it also discusses how economics has absorbed the modern, in rem, conception. The paper demonstrates that if people do not perceive the benefits of modern property rights, they will follow their social norms if the government or planner imposes modern property rights on them. In the end, this allows one to make a fuller discussion of why norms economize information. This discussion has various consequences ranging from developmental economics to financial market economics and cannot be ignored.

The unanimity rule and religious fractionalisation in the Polish-Lithuanian Republic

This paper analyses the role of the unanimity rule—known as liberum veto—in medieval Poland. We argue that the primary effect of the liberum veto was that it secured religious freedom and established domestic peace in an otherwise deeply divided and fractionalised country. What is more, this institution succeeded in doing so during an era which was characterised by violent religious conflicts and rise of absolutist monarchies throughout the European continent. Even after 1652, when the liberum veto seemed to have practically paralysed the decision-making of Polish-Lithuanian parliament, there were still reasons—related to religious issues—why its use could have been preferable to less inclusive voting rules. It can be argued, however, that the use of unanimity was not warranted in questions related to defence, especially in situations of national emergency, although it is questionable to which extent the sole presence of the liberum veto was susceptible to bring about the demise of the Polish-Lithuanian Republic.

Politics, selection and the public interest: Besley’s benevolent despot

This paper is an assessment of Besley’s attempt to orchestrate a rapprochement between public choice theory and conventional public economics—with its characteristic normative orientation towards public policy. In this paper, I first try to set the Besley enterprise in the context of earlier work—focussing on my own work with Buchanan (The Power to Tax and The Reason of Rules). I then direct attention to three aspects of the Besley enterprise: whether selecting for competence depends on having solved the motivation problem (either by incentive or selection means), how selection mechanisms might be supported institutionally and the possibility that selection processes might create incentives at the ‘dispositional’ level.

A simple note on herd behaviour

In his ‘Simple model of herd behaviour’, (Banerjee A (1992) A simple model of herd behaviour. Q J Econ CVII:797–817) shows that—in a sequential game—if the first two players have chosen the same action, player 3 and all subsequent players will ignore his/her own information and start a herd, an irreversible one. In this paper, we analyse the role played by the tie-breaking assumptions in reaching the equilibrium. We show that: players’ strategies are parameter dependent—an incorrect herd may be reversed; a correct herd is irreversible.

Price-setting behavior of Austrian firms

This paper explores nominal rigidities by investigating price-setting behavior of Austrian firms based on survey evidence. Distinguishing between two stages of price setting—first the price reviewing phase and second the price changing phase—our results suggest that the main obstacles to price flexibility lie on the second stage. Our main result is that firms postpone price adjustments, because they are afraid to antagonize customers with frequent price changes. Thus, customer relationships - especially those with consumers—are a major source of price stickiness in the Austrian economy.

The concept of choice: why and how innovative behaviour is not just stochastic

The goal of this paper is to highlight the importance of the concept of choice. To do so, a synopsis of the most important contributions to this topic—featuring an eclectic set of scholars across disciplines—is provided. As central to the argument, John von Neumann’s contributions, game theory and simulation techniques on von Neumann machines, are identified. Innovation (economic and theoretic) as the driving force behind human evolution seems to head for a new scientific paradigm based on von Neumann’s ideas.

Mises’ democracy–dictatorship equivalence theorem: A critique

Ludwig von Mises argues that public opinion, not the form of government, is the ultimate determinant of policy. The implication is that, holding public opinion constant, democracies and dictatorships will have the same policies—a result I call Mises’ Democracy–Dictatorship Equivalence Theorem. According to Mises, dictators have to comply with public opinion or else they will be overthrown. I argue that he seriously overestimates the power of revolution to discipline dictators. Mises was perceptive to note that, in practice, “dictatorially imposed” policies are often democratically sustainable, but he neglected several mechanisms—all more plausible than the threat of revolution—capable of explaining this fact.

The rise and fall of monopolistic competition revolution

The widespread idea among economists is that monopolistic or imperfect competition is a set of realistic models that were invented in the 1930s and their purpose was to fill the gap between the polar and, at the same time, hypothetical models of perfect competition and pure monopoly. The main argument of this paper is that the monopolistic competition revolution set in motion a reaction—partly driven by methodological considerations, partly ideological—that ultimately led to the restoration of perfect competition, as the benchmark for evaluating market outcomes. In the end, monopolistic competition eclipsed, and perfect competition from the fridges of economic analysis that was up until the 1920s was placed to the very core of microeconomic model-building.

Buchanan’s constitutional political economy: exchange vs. choice in economics and in politics

This article discusses the methodological foundations of Buchanan’s constitutional political economy. We argue that Buchanan is a constitutional economist because he is an economist or a political economist. In other words, Buchanan is a constitutional economist—he insists on the necessity of focusing on constitutions and to analyze the “rules of the social game”—because he defines economics as a science of exchange. Buchanan’s definition of economics is not only specific, it is also opposed to the definition of economics that other economists retain and, above all, opposed to the definition of economics that many public choice theorists use. The latter have, in effect, adopted the Robbins 1932 definition of economics as a science of choice that Buchanan criticizes and rejects. Buchanan’s constitutional economics can be a branch of public choice only under certain conditions.

“Deja Vu All Over Again:” Constitutional Economics and European legal Integration

Existing theories of regional integration do not satisfactorily explain European legal integration. Like the bears’ porridge, one explains too much, another too little, and yet another requires unnecessary information. Constitutional economics, viewing regional integration as a process producing a constitution, is able to explain both momentum toward and resistance to legal integration in a parsimonious fashion. Further, it produces a unique analysis of the current circumstances of European legal integration, revealing that the Kompetenz–Kompetenz debate addresses the fundamental dilemma of compound republics. This also discloses that European integration has produced a novel answer to this old question.

Transaction tax and stock market behavior: evidence from an emerging market

This study examines the impact of a stamp tax rate increase on market behavior, using data from two stock exchanges in China. We find that when the tax rate increases from 0.3 to 0.5% (which implies that the transaction cost increases by about 1/3) trading volume decreases by 1/3. This implies an elasticity of turnover with respect to a stamp tax of −50% and an elasticity of turnover with respect to transaction cost of −100%. The markets’ volatility significantly increases after the increase in the tax rate. Furthermore, the change in the volatility structure indicates that the markets become less efficient in the sense that shocks are less quickly assimilated in the markets.

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Growth and inflation forecasts for Germany a panel-based assessment of accuracy and efficiency

We analyse forecasts of professional forecasters for Germany regarding the time span from 1970 to 2004. This novel panel data set renders it possible to assess the accuracy and efficiency of growth and inflation forecasts more efficiently than in previous studies. We argue that the forecasts are, on average, unbiased and weakly—but not strongly—efficient. Using model confidence sets suggested by Hansen et al. (2004), we find that, besides the effect of diverging forecasting dates, no other substantial differences in forecasting quality among forecasters exist. Nevertheless, on the basis of a direction-of-change analysis we argue that it is not always advisable to listen to the majority of forecasters.

The foundations of constitutionalism: an analysis of debaathification

This article analyzes the administration of lustration—what Arthur Stinchcombe termed the “social basis of constitutionalism”—and its unintended consequences in comparative and international law and politics. It is concerned with the social function of animating ideas in the evolution of institutions. The article demonstrates that in the case of Iraq, the commitment of institutional engineers and transitional administrators to the idea of purifying the state, and their concomitant willingness to watch the institution of lustration naturally evolve in respect of that central idea, has had disastrous consequences for the foundations of constitutionalism. These consequences flowed from the institutional design of the U.S. occupation more generally. By reconstructing, for the very first time, the evolution of debaathification in contemporary Iraq, this article deepens our understanding of the foundations of constitutionalism. Aside from its contribution to the theory of institutional design, the article also speaks to the ongoing debate over the creation of governments, regimes, and states in the international system. In the context of this debate, which has important implications for the practice of institutional design, the administration of lustration—from within or from without—is an insufficiently understood phenomenon, making it a worthy subject for institutional analysis.

On the evolutionary edge of migration as an assortative mating device

In a haystack-type representation of a heterogeneous population that is evolving according to a payoff structure of a prisoner’s dilemma game, migration is modeled as a process of ‘swapping’ individuals between heterogeneous groups of constant size after a random allocation fills the haystacks, but prior to mating. Migration is characterized by two parameters: an exogenous participation-in-migration cost (of search, coordination, movement, and arrangement-making) which measures the migration effort, and an exogenous technology—of coordinating and facilitating movement between populated haystacks and the colonization of currently unpopulated haystacks—which measures the migration intensity. Starting from an initially heterogeneous population that consists of both cooperators and defectors, a scenario is postulated under which ‘programmed’ migration can act as a mechanism that brings about a long-run survival of cooperation.

Changing of the guards: New coaches in Austria’s premier football league

Professional team sports provide an ideal real world experiment to explore the effect of top executive replacement due to the availability of excellent performance data. This paper investigates how replacing the coach affects the performance of football teams. Analyzing almost 2,000 matches of the Austrian premier football league by ordinal (probit) regression techniques we find that a new coach tends to enhance team performance in home matches but to weaken it in away matches. However, neither of these effects turns out to be statistically significant. Nevertheless, the much discussed coach effect—ousting an underperforming coach in order to improve team performance at least temporarily—may make sense despite the costs involved by providing stronger ex-ante incentives for effort.

Building blocks in the economics of mandates

The paper constructs an asymmetric information model to investigate the efficiency and equity cases for government mandated benefits. A mandate can improve workers’ insurance, and may also redistribute in favour of more ‘deserving’ workers. The risk is that it may also reduce output. The more diverse are free market contracts—separating the various worker types—the more likely it is that such output effects will on balance serve to reduce welfare. It is shown that adverse effects can be reduced by restricting mandates to larger firms. An alternative to a mandate is direct government provision. We demonstrate that direct government provision has the advantage over mandates of preserving separations.

Economic integration and similarity in trade structures

In this paper, we look at the similarity of the trade structures toward the EU market between four CEECs and the EU15. We evaluate the appropriateness of different indices to compare export flows—correlation indices and distance metrics—opting for the use of the Bray-Curtis semi-metric. We examine both how the export composition of a country has changed over time and how the export composition has changed with respect to the EU15 export composition. Finally, we test if the dynamics of sectoral distribution of the CEECs’ exports is related to the role acquired by processed trade in the 1990s. We give evidence that processed trade is crucial in explaining changes in the overall structure of exports of transition countries, and that greater economic integration in terms of trade flows and processing trade does not always lead to greater export similarity.

Monetary and fiscal policy interactions in the EMU when cyclical conditions are uncertain

This paper examines economic policy interactions in the Economic and Monetary Union when the assessment of cyclical conditions in real time is surrounded by uncertainty. On the basis of a simple stylised model it shows that with a Nash-type of interaction different views about the output gap on the side of the policy players—the Council of the European Union, the European Commission and the European Central Bank—can give rise to excessive activism with policy players pushing economic variables into opposite directions. It argues that the costs of such policy conflicts can be reduced by agreeing on a common assessment of the cycle, by constraining policy variables, and/or by increasing the weight of fiscally conservative institutions. An alternative option to sidestep policy conflicts ensuing from diverging views of the cycle is to take policy decisions sequentially, as is the case in a Stackelberg-type of interaction. The paper shows that for a given misperception of the cycle, the impact on the policy instruments and on output and inflation are generally smaller in the Stackelberg equilibrium as compared to a Nash outcome. Alternative allocations of roles—that is leader versus follower—are discussed and assessed.

Lawyers and politicians: the impact of organized legal professions on institutional reforms

Organized legal professions often play a central role in successful institutional development. The paper’s model examines how legal professions affect institutional reform. Professional review of reform proposals solves a politician’s informational problem in a way that makes democracy, political stability, and professional power substitutes. The model’s applicability is examined by showing that its predictions track the fortunes of lawyers in the USSR and early transition and are consistent with events in 1688 in England and 1789 in France, indicating why these two revolutions had different consequences. The model suggests why and when civil law and common law systems differ.

Social Market Economy: origins,meanings and interpretations

This paper investigates various possible meanings of ‘Social Market Economy’—60 years after its political initiation in Germany. We focus on the variety of intellectual sources that influenced the formation and interpretation of the concept in Germany during the first half of the last century. Our particular attention is on Müller-Armack’s definition of a rather dualistic concept of ‘social’ versus ‘market economy’ and the subtle differences it has with an original (Freiburg School) view of ordo-liberalism that lends itself more easily to a constitutional economics perspective.