bet365 live casino games The following dialogue on cross -disciplinary legal economics，According to Kutle、Zhang Han's series of legal economics dialogue editing festivals。Dialogue sponsor Zhang Han is a professor at the School of Law School of South China University of Technology、Senior visiting scholar at the University of California Berkeley，Robert Cooter is a professor at the University of California Berkeley，Ronald Kos Award winner。

　　Deeply related to law and art

Zhang Han:Think from the perspective of legal economics，Institutional arrangement has a deep connection with human nature，Both people's instincts，Related to people's rationality。So，Can it be said to be instinct、Is art and rationality in some extent? We can intuitively feel the deep -seated contact in it，But it seems difficult to say that the connection between them。

　　Kut:Psychologists try to divide our motivation into the most basic and unsatisfactory desires。The most basic desire is the instinct that almost all human beings own，Food、Shelter Institute、Desire for sex and social influence。Termining these basic desires as instinct -logic, not cultural products，Is appropriate。Most of the things we cherish are the products of culture，Affected by instinct but not only determined by instinct。For example，(Behind us) These beautiful paintings contain deep cultural heritage。The more researching the history of art，When you see these paintings，The deeper the insights。

　Zhang Han:Tracing History，You will find that there are differences between painting between different cultures。

　Kut:Yes，So this is not our biological instinct，but the results we shaped instinct，Culture。Culture created this beautiful painting。In economics，We don’t think about whether a person likes something out of instinct or cultural reasons。We will determine it directly，If people like something，satisfying this preference is good，and wealth will help them satisfy this preference。

　　Zhang Han:This is why we put forward the utility。Because of the lack of a unified computing unit，It seems difficult to measure the utility in different scenarios，But it is also a quite common concept。

　　Kut:Bai。Because we understand that money is a tool，We need a general way to explain what it is used。From the perspective of economics，We will see it as a tool to satisfy our own preferences -money is effective。

　　Zhang Han:When judging whether someone wants something (or a certain service)，Effectiveness is a fairly subjective standard。We can see，Even wealth has marginal effects in the utility。How should we understand the legal rules through the utility mechanism?

　　Kut:Almost everyone has the instinct of biological nature，But the cultural values ​​owned by people come from society and education。In terms of cultural values，People and people、Social and society is different。So，In economics, we need to explore how to describe the value of these cultural products。To find a way to make us be limited to a cultural tradition when discussing，but can compare between different cultural traditions。For example，Compare the tradition of painting in China and Europe。

　　Zhang Han:One of the common creative methods of Chinese painting is to leave white，Let you try to imagine what there may be in the white place。The white part can occupy a lot of space，It is important for painting as a whole，Maybe you can perceive some philosophical concepts behind it。You can also observe European painting style。When Karabreis and Meiramid are writing the papers "Property Rules、Rules of Responsibility and Unspeaks Regulations，They also took such a subtitle- "Cathedral" landscape。This metaphor seems to be related to Monet to some extent。

　Kut:I don’t know if it is related，But I know that Monet has drawn a lot of paintings about church。

　　Zhang Han:I think this subtitle may want to express，In the legal theory of this paper，The boundaries between different content are actually not so clear。When you observe Monet’s paintings, you will find it，The details do not seem to be very clear。But if you take a step back, use a wider field of vision to observe the entire painting，You will understand what he wants to express。

　Kut:This analogy is wonderful。I know this subtitle，But I didn’t expect this。The painter is in the process of depicting the cathedral，Multi -perspective often uses multiple perspectives。

　Zhang Han:The use of multi -perspective angle is related to personal painting style，Not only about angle，Perhaps it also contains some views。Maybe Karabreis and his co -author thinks，The use of multi -perspective is another style，That is to say，When you only focus on observing the details, you may not be able to understand it clearly。

　　Kut:I think their idea means that economics provides an angle for legal research，And psychology provides another perspective。So，What they present in the paper is legal economics or the law in the perspective of economics。This is my consistent idea of ​​"The Cathedral 'landscape"，I'm not sure if there is a correct answer in the strict sense，But "a landscape of the" Cathedral "is a good metaphor。

　Zhang Han:Yes，They want to put some unique content in the subtitle。These unique metaphors can explain well，Classification of relief methods and responsibilities in the law，There will be some cross -crossing and uncertainty、Thinking of free tailoring but hiding rational purpose。

　Kut:I have a paper on philosophy in legal economics，I proposed another metaphor in it，"The mud of the stones"。It is like you need to mix concrete and stick them together when you build a house with a stone。I think economics is a concrete between stuck (law) stones，So it exists in the cornerstone of the "Cathedral"，Not just observation of an angle of the "Cathedral"。I think all laws are concerned about results，The law itself is the discipline of instrumental，We are used to using the law as a tool that can achieve our goals and value。This means that we must understand what the consequences of using specific legal rules，Economics is an incentive mode for clarifying legal consequences。It is an incentive effect，This is the essence of legal economics。The most basic content of legal economics is the inspection of legal incentives。The incentive effect is everywhere in the law、Bybi，Not just an angle or method of looking at the law。

　　Research laws are like falling in love

Zhang Han:You also have a book called "Correct Incentive".

　　Kut:Yes，That's about property、Books of infringement and contract。The "how to correctly motivate" in the book has been affected by Ariel Porat to some extent。Porat is an excellent scholar，It has a significant impact on my thoughts，Also my good friend。One of the advantages of as a scholar is，People who often work with you will naturally become your friend。In some working fields，The oldest colleagues who work together are often your competitors，But this will not do this in the academic world。You often work together，Try to refine deep meaning from traditional ideas。This is what I am doing in my life。

　　Zhang Han:I like this concept: Refine deep meaning。Maybe this is because of，Everyone is a different individual，I will find it when I read the works of the scholars，They have no standard answer to many questions。This may not only be the difference in perspective，Its root is the different practices of how to "refine"。Maybe，Let different scholars do the same study，They will also integrate personal characteristics in research。This is a bit like falling in love。

　Kut:When you are young，It is easy to fall in Aihe，After that, you will find that there are more love things，Even I didn't realize it before。Love slowly fermented over time，This process is wonderful and beautiful。This is also a method of studying the law。You will fall in love with the most basic legal thought，Because these ideas help people define themselves，Realize our deepest wish。and things we want to have and work hard，Not so clear for us，We must try to explore what they are。Research laws are like falling in love，The development of a relationship is becoming more and more deeper。As you love legal thought，and I am the same -this is a very wonderful idea，And there are always more content waiting to be excavated。

　　Unlock the "password lock" of the concept

Zhang Han:If you look back at Ronald Kos's work，I think for me personally，His discussion in 1960 is the most important。Of course，His early discussion is also very important。Actually，I am still thinking about a very interesting question，When we study Karabreis's paper，It can be seen that it mainly has a huge impact in the contract law and infringement law。But why Ronald Kos's transaction cost and other discussions he wrote are not only for the infringement law、The contract method has an impact，It also has a huge impact on other fields，Among them, including the business field。

　Kut:This is really amazing.

　　Zhang Han:Actually，If you try to operate a business or manage the company，Sometimes I encounter some business problems，You need to consider how to do it。For example，Do you need to set up a transportation department to transport goods。You have two choices，First, set up a transportation department within your own enterprise，The second is to hire someone to do it。As far as this problem is concerned，What you need to do has a rational cost standard。You are considering paying more organizational costs within the enterprise，Still negotiate with another company，The problem of the transaction cost of externalization to make others work on behalf of the work。So，This is also a question about business thinking。

　　Kut:We often think about problems from the perspective of concept，For this，We need language，You also need to naming concepts。If the naming is wrong or inaccurate，We cannot use this concept correctly。Once you understand what the correct concept of a correct name is，You will want to understand a lot of problems，and have more in -depth thinking about them。philosopher Wittgenstein has a wonderful metaphor，He said，Conceptual issues are just as finding the correct combination for the password lock。Suppose you have a safe with a lock，Just know the password，Even children，can also open it，But if you don't know the password, you can't open it。You just described the wonderfulness of the influence of Kos's "The Nature of Enterprises" -The company always decides to make a certain product through what form of investment。The concept of understanding the cost of transaction will make it easier for business decisions such as internal production or external purchase。So，Correct name for the concept is like finding the correct password combination for the lock，I think economics is usually related to this。In economics theory，An major change that has taken place is the marginal revolution，that is, the calculus is included in economics。Merchants always use marginal principles to judge。They can always understand marginal income、marginal cost，instead of average income。

　　Zhang Han:I seem to remember that Kos even use a form to analyze the influence of marginal effects。

　Kut:Economists must accurately name the concept，For example，Marginalism。Marginalism is the correct naming of the concept of maximization，This is a great development in the late 19th century，Just like finding a password combination。Once you understand the concept of maximizing，With the border、marginal benefits、The concept of the noun of the marginal cost，Your idea will be very clear。People are always practicing to maximize，but lack of these concepts, it is difficult to understand the maximum。

　　Zhang Han:Obviously this has been quantified.

　Kut:Yes，Economics can repeatedly play such a role in the law，For example, the difference between property rules and responsibility rules。The legal person always uses a similar but chaotic division standard。Then，Karabreis and Meiramid proposed the correct name，We only opened it。

　　Zhang Han:Yes，What categories should you be attributed to the compulsory order in the law before?。It is easy to understand now，Perhaps forced order is just a way to promote transactions，At the same time is an incentive method defined by property rights。For example，It will make the contract signing in certain circumstances easier。Forced order，In fact, it is also a kind of property rule。But we will also see another side，When the state should intervene，It may be intervention through the rules of responsibility when the transaction cost is high，This is also the contribution of the Karabreis thesis。

　　(This article is the Legal Economics Research on the Application of the National Social Science Fund project "Research on the Reconstruction of Reconstruction in Private Law" (22BFX177) phased achievement)

(The author is a professor at the School of Law School of South China University of Technology; a professor at the Law School of the University of California; Yang Ruixi and others have contributed to translation)