康芒斯的法经济学思想及其贡献

作为现代西方法经济学的伟大先驱,康芒斯非常重视法律制度在经济发展中的作用。他批评传统经济学把法律制度排除在研究之外的做法。在其著作中,康芒斯通过“交易”这一基本单位把法律、经济学和伦理学联结在一起。康芒斯的法经济学思想主要体现在他的集体行动理论、利益和谐理论和“法制决定论”之中。他对“财产”与“财产权利”的区分及对“交易”概念的一般化都深深影响到法经济学的奠基者——罗纳德·哈里·科斯。而康芒斯将法律制度看成是协调冲突的规则体系的观点,也对现代法经济学中的制度学派产生了深刻的影响。     

Financialization and Society’s Protective Response: Reconsidering Karl Polanyi’s Double Movement

Financialization challenges Karl Polanyi’s thesis of double movement, the thesis that efforts to extend the market evoke efforts to protect humans, nature, and means of production from market forces. Financialization refers to the increased power of financial institutions. The government protects the incomes and assets of financial institutions, but it does little to protect the incomes and assets of households, which are necessary for people to afford healthcare, education, emergencies, retirement, and so on. Polanyi criticized nineteenth-century civilization for transforming land, labor, and the means of production into commodities, using economic insecurity to motivate humans. The development of intangible property allowed business to expand the market in two ways: (i) restricting output to drive up profits and (ii) liquefying consumer assets to provide credit to consumers to increase spending. The implications of that process manifested themselves in the financial crisis of 2008. Market capitalism represented the attempt to organize commodities based on economic rationality. Similarly, the twentieth- and twenty-first-century capitalism represents the effort to “rationally” organize society according to the value of intangible assets. Both efforts failed, indicating the continued relevance of Polanyi’s thesis.     

共享资源治理制度转型中个体认知状态的实证研究

基于对认知行为与制度演化的认识,在偏好分层理论框架下,本文针对“既非家庭私有又非社会公有的被一定范围内私人共享”的共享资源治理制度转型,通过对南京市两次截面数据(2003年878个、2005年865个样本)的统计分析,考察了共享资源治理制度转型中个体认知状态:面临转型期复合场景信号作用,个体外层偏好关系和认知状态发生冲突———趋于支配共享资源决策权利、同时回避与之对应、对等的供给责任。对两次截面数据所做的方差分析显示,存在认知冲突的个体比例未发生显著变化,但各变量特征变化表明,新场景下治理关系的认知状态调整将有利于共享资源治理转型。     

The Diaries of a Cabinet Minister,Volume One,Minister of Housing 1964–66

While John R. Commons often referred to third sector organizations, such as associations, cooperatives, and trade unions, it is unclear how these organizations can be fitted into his transactional typology. This paper clarifies this problem by identifying two dimensions of bargaining, managerial, and rationing transactions: 1) the extent of legal equality of transactional participants, and 2) the extent of commonness of these participants' transactional interests. These dimensions enable defining the identity of the third sector in terms of a distinct variety of rationing transactions combining legal equality of transactional participants with significant commonness of their interests. The paper further explores several implications of this argument for new institutional economics, concerning the citizenship aspect of markets and hierarchies and the possibility of viewing third sector organizations as hybrids between markets and hierarchies. The paper concludes with a discussion of the implications for further research.     

基于公地悲剧理论的共生旅游资源开发研究——以环太湖旅游区为例

共生旅游资源在开发利用中,由于产权未界定,各方在获得收益时都将成本最大化地外化到公共领域,从而造成资源浪费、过度开发、资源使用效率低下、环境恶化的悲剧后果。在资源共生的相邻行政区划土地产权不可能明确界定的刚性约束下,消除公地悲剧主要通过建立开发联合体实现,依托联合体,统一规划,加强开发分工,实施整体营销,保护核心共生产品从而保证共生资源开发的市场绩效,实现共生资源开发的竞合有序化。     

“Business and Government” Then and Now

Socio-environmental conflicts are widespread, and global economic growth will likely increase them in the coming decades. While political ecology, the analysis of common pool resources, and ecological economics, among others, have provided praiseworthy insights into such conflicts, institutional approaches to these phenomena are still scarce. Classical institutional economics has occasionally been put to work on environmental issues, but proposed frameworks remain relatively underdeveloped. We wish to contribute to institutional research on environmental issues by building upon Bruno Théret’s interpretation of John R. Commons’s transactional model and applying the framework to a case of socio-environmental conflicts. First, we briefly sketch the landscape of institutional contributions (especially those that follow the classical institutionalist tradition) to the analysis of environmental issues. We explain why Commons has largely been ignored on these issues. Then, we analyze some of the key concepts of Commonsian economics that are of particular interest to our theoretical elaboration. Following this, we depict Commons’s transactional scheme and propose an application to a case of socioenvironmental mining conflict in Peru. Our framework could complement existing ones and shed light on the institutional dynamics of natural-resource management through conflict.     

共享经济的现代发展及其潜在问题:以共享单车为例的分析

共享经济减少了物品的闲置而最大限度地发挥了物品的功效,不仅可以增进生产者剩余和消费者剩余,而且也有利于打造新型的低碳环保的经济形态。但同时,共享经济的无序发展也带来了两大严重问题：（1）准公共品性质滋生出大量的搭便车行为,进而使得运营商受损;（2）准公共品性质还滋生出强烈的负外部性,进而使得运营商获利。进而,第一个问题的解决有赖于有效的治理机制,其中最佳机制是"强互惠"机制,而这依赖于社会网络的建设和文化伦理的培育;第二个问题的解决有赖于明确的责任界定,其中可行的措施是设立"维安基金",而这有赖于新的制度安排和立法思考。一般地,只有解决上述两大问题,才能全面衡量新兴共享经济的真实经济价值,进而才能更好地引导共享经济的有序发展。很大程度上,共享泡沫的产生和破灭都体现出市场创新的盲目性,从而就需要政府的积极规划和引导。     

Sen and Commons on Markets and Freedom

Amartya Sen's enlarged conception of freedom has augmented the scope of economic analysis but it also has had the surprising effect of being more supportive of the free market than conventional welfare economics. It is argued here that a comparison of Sen's position with that of the American institutionalist, J R Commons, highlights some problems with Sen's approach and points to possible ways in which they might be addressed.     

Modeling Technological and Institutional Change in Karl Marx’s Theory of Capitalism

Health policy in the United States struggles with apparently conflicting purposes: (1) access to health care and (2) cost-containment. The failures of policy to resolve this apparent conflict have produced inequities in the health system and the perverse outcomes of high costs and poor access. The failures of policy are associated with the third-party payment system that has become a "rationing transaction" in John R. Commons' hierarchy of transactions. The dominion of private interests over the payment system elevates the financial interests of insurers over the interests of patients. Commons' approach to "reasonable value" as a means of resolving conflicts of interest through a process that engages all participants in the going concern suggests a strengthened role for the public sector in the payment system to achieve the public purposes of the health system.     

Puerto Rico in the 1970s and 1980s: Crisis of the Development Model

In his institutional economic essay on "Taxation in Chicago and Philadelphia" (published in 1895) John R. Commons addresses property tax assessment. He demonstrates that the revenue is not just a question of the tax rate and the distribution of the tax burden but also one of constitutional requirements and how the taxes are assessed. His essay is reviewed with regard to his later work, subsequent Institutional Economics, and the social provisioning of the market for professional tax advice. The degree of liabilities is defining characteristics of the differences between the United States and Germany.