法律经济学——2014年春季学期双学位课程介绍

发布日期:2014-02-13 06:50    来源:北京大学国家发展研究院

课程简介

本课程(“法律经济学01班”)是为本科双学位学生开设的任选课。它利用精选的习惯法判例和经典学术论文,通过苏格拉底式的讨论,向学生传授普适的经济分析原理,并示范运用经济学原理分析法律和管制现象的独特视角。欢迎对经济学、法学和公共政策感兴趣的同学选修。

本课程假定选修的同学已经通过了“经济学原理”的考试。由于阅读材料为英文且数量较大,建议同学们一开始就组成3-5人的学习小组,充分利用团队的力量,克服可能存在的困难。课堂讨论和考试用中文。期末总评成绩,由一次期中闭卷考试(占30%)、期末闭卷考试(占50%)和平时成绩(含两篇平时作业,共占20%)构成。

上课时间和地点:

2014年2月17日 – 2014年5月20日

每周一和周二:7:40pm – 9:30pm,二教室109室

 

期末考试时间:5月26日

 

答疑时间和地点:

时间:周一上午,建议预约,北大朗润园702室

Overview

This course teaches the students economic way of thinking by subjecting the phenomenon of law and regulation in their broadest sense to economic analysis. Though a lot of materials used in this course are related to U.S. common law, this is not a course in law. Rather, it is a course introducing the universal economic analysis and its use in examining the phenomenon of law and regulation. Anyone who is interested in learning economics and its application is welcome either to take or to audit the course.   

Requirement

The students are assumed to have sound understanding of microeconomics. No prior knowledge of law is required, though is surely beneficial. Reading load is demanding, not only because almost all of them are in English but also because they are rather voluminous. It is highly encouraged for the students to form study groups in size of 3-5 persons from the very beginning of the semester and stick to that so to take full advantage of the teamwork.     

Language

Almost all readings are in English, while lectures, discussions and examinations shall be conducted in Chinese.

Textbook and Readings Butler, H., and Drahozal, C., Economic Analysis for Lawyers, 2nd Edition, Carolina Academic Press Cooter, R., and Ulen, T., Law and Economics, 5th / 6th Edition, Pearson Addison-Wesley (optional) Supplementary handouts The Concise Encyclopedia Economics http://www.econlib.org/library/CEE.html Assignment

Among others, each student shall turn in two term papers.  

Grades

The final grade will be based upon a closed-book mid-term exam (30 percent each), a closed-book final exam (50 percent), and term papers as well as classroom performance (20 percent). 

Major Topics Property Right Law Tort Law Contract Law Antitrust Law Constitutional Economics Legal Procedure and Evolution of Law Note

My lecture does not simply replicate materials available in the required textbook and handouts. Students should take careful notes since my lecture comprises important elements of the course and part of the examinable syllabus.  

Reading List

The Perspective from Economics

Bastiat, What is Seen and What is not Seen Jesen, The Nature of Man Kitch, The Intellectual Foundation of Law and Economics Alchian, Uncertainty, Evolution, and Economic Theory

The Enterprise of Law and Economics

Kitch, The Fire of Truth A Remembrance of Law and Economics at Chicago Manne, How Law and Economics was Marketed in a Hostile World

Choice, Cost, and Discrimination

Alchian, Cost Alchian, Rent Alchian & Kessel, Competition, Monopoly, and the Pursuit of Money

Price

Hayek, The Use of Knowledge in Society Cheung, A Theory of Price Control

Property Law

Alchian, Property Rights Coase, The Problem of Social Cost Cheung, The Fable of the Bees Anderson, Friends or Foes, Market and the Environment

Tort Law

Calabresi, Property Rules, Liability Rules, and Inalienability, One View of the Cathedral Krauss, Property Rules vs. Liability Rules

Contract Law

Akerlof, The Market for Lemons Klein, The Role of Market Forces in Assuring Contractual Performance Klein, Transaction Cost Determinants of Unfair Contractual Arrangements Priest, The Current Insurance Crisis and Modern Tort Law

Family

Cohen, Marriage, Divorce, and Quasi Rents or, I Gave Him the Best Years of My Life Cheung, The Enforcement of Property Rights in Children, and the Marriage Contract

Antitrust Law

Coase, Durability and Monopoly Director, Law and the Future Trade Regulation

Regulations

Tullock, Rent Seeking Tullock, The Transitional Gain Trap

Legal Procedure

Tullock, Juries Rubin, Why Is the Common Law Efficient

Instructor:

Zhaofeng Xue (薛兆丰), Ph.D.

Research Fellow & Co-Director

Institute for Law and Economics

National School of Development

Unit 702, NSD, Peking University

010-62752434

Office Hour: Monday morning by appointment 

zxue@nsd.pku.edu.cn

http://xuezhaofeng.com

 

Assistants:

Bao, Shi(鲍石),nsdbaoshi@126.com  

Cui, Xiaomin (崔晓敏),sunnylizzie@163.com  

Cao, Wen (曹文),caowen39@qq.com

 

 

As of Thursday, February 13, 14