著者

亀本 洋

出版者

有斐閣

雑誌

法哲学年報 (ISSN:03872890)

巻号頁・発行日

pp.13-31, 2013

著者

亀本 洋

出版者

千葉大学法学会

雑誌

千葉大学法学論集 (ISSN:09127208)

巻号頁・発行日

vol.29, no.1, pp.9-83, 2014-08

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『千葉大学法学論集』第29巻第1・2号 宮崎隆次先生・嶋津格先生 退職記念号Hogaku Ronshu(Chiba Journal of Law and Politics) Vol.29 No.1・2 Essays in Honor of Professors Ryuji Miyazaki and Itaru Shimazu at their Retirement from Chiba University

著者

亀本 洋

出版者

日本法哲学会

雑誌

法哲学年報 (ISSN:03872890)

巻号頁・発行日

vol.1997, pp.34-56, 1998-10-30 (Released:2009-02-12)

参考文献数

60

著者

亀本 洋

出版者

日本法哲学会

雑誌

法哲学年報 (ISSN:03872890)

巻号頁・発行日

vol.2008, pp.79-95, 2009 (Released:2021-12-29)

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What is 'Law and Economics'? What does it inquire? How is it related to economics and law? I will find answers to these questions with reference to the economic theory of R. H. Coase as a founder of 'Law and Economics'. Market is one of the most important concepts in economics. But market in itself, as Coase insists, has not been a subject of mainstream economic theory. It is simply assumed to be there and processes of exchange are analyzed, disregarding the function of real markets. Exchange transactions in reality are performed in the institutional settings and with positive costs. There are many kinds of market as institutions to promote exchanges. Some legal rules, whether they are enacted and enforced by private or public sectors, are necessary' for each market to function adequately. Every transaction costs something positive including expenses for instituting and administrating law. though standard microeconomics takes costless transactions for granted. If transaction cost were zero, legal positions would not have any effects on allocation of resources and the value of production would be maximized at any rate. This is the famous Coase's theorem. It has been, however, misunderstood in two ways by many economists. Firstly, it is often referred to in the context of negative externality such as pollutions. But Coase notes reciprocal character of the problem. If the polluter is supposed to be liable to the damage, he in turn will be damaged. It is essential to avoid the more damage. Secondly, with Coase's theorem he intended to demonstrate real transactions never happen without costs and to prompt the study of institutional framework of economic actions, but almost all economists have concentrated their attention to so-called the Coasian world, that is. the unreal world without transaction costs. I think 'Law and Economics' as a subject can take two forms. The first is the Coasian type, which studies how legal system influences the working of economic system. This belongs to economics. The second type, by contrast, is engaged by jurists including legal philosophers. It aims at mastering economic way of thinking and making use of it to understand and interpret law. Jurists who use 'Law and Economics'. however, cannot and should not propose any legal policy or interpretation without knowledge of the facts about economic working, which is the subject of positive economics. Economic theory, however, is incapable of answering a well-known normative question, that is. whether law should be efficient or not. for it only analyzes how people or economic system behavior when the goals are given. Economics thus cannot and does not take seriously rights in the sense of natural ones.

著者

亀本 洋

出版者

日本法哲学会

雑誌

法哲学年報 (ISSN:03872890)

巻号頁・発行日

vol.2006, pp.115-127,264, 2007-10-30 (Released:2010-12-16)

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Can education of legal philosophy be standardized? It seems extremely difficult to do so in view of liberal character of our discipline. It would be impossible to standardize philosophy of law in the same way of standardization in microeconomics, in which contents to be taught are completely standardized according to the level of students. Microeconomics for beginners is a subject without whose knowledge it is difficult for everyone to learn any other field in economics. It is in this sense the base of economics. Even civil law for beginners as what many jurists might think is the base of law in general is not standardized as elementary microeconomics, much less philosophy of law. But I believe that it is promising to standardize legal philosophy through teaching its history, that is, noteworthy doctrines of great philosophers of law and state, even if such standardization were different in kind from one in economics. Fortunately, there is a broad consensus among legal philosophers on which philosophers should be discussed. It is essential in each lecture to begin by taking up the simplest cases or problems and then to go to the more complex ones. We should learn this way of teaching from economics. But we do not have to commit to any economic thinking, though it is necessary to make use of it in some appropriate cases.

著者

亀本 洋

出版者

日本法哲学会

雑誌

法哲学年報 (ISSN:03872890)

巻号頁・発行日

vol.1990, pp.5-19, 1991-10-30 (Released:2008-11-17)

参考文献数

33

著者

亀本 洋

出版者

日本法哲学会

雑誌

法哲学年報 (ISSN:03872890)

巻号頁・発行日

vol.1987, pp.179-185, 1988-10-25 (Released:2008-11-17)

著者

亀本 洋

出版者

京都大学法学会

雑誌

法学論叢 (ISSN:03872866)

巻号頁・発行日

vol.166, no.6, pp.68-93, 2010-03