The following dialogue on interdisciplinary bet365 cricket odds and economics，After Robert Cooter、Excerpts from Zhang Han’s series of dialogues on bet365 cricket odds and economics。The initiator of the dialogue, Zhang Han, is a professor at the bet365 cricket odds School of South China University of Technology、Senior Visiting Scholar, University of California, Berkeley，Kut is a professor at the University of California, Berkeley School of bet365 cricket odds、Ronald Coase Prize Winner。

　　The information mechanisms of statutory bet365 cricket odds and case bet365 cricket odds are different

　　bet365 cricket odds:Today’s first topic is related to the history of bet365 cricket odds，As we mentioned before，In common bet365 cricket odds and statutory bet365 cricket odds systems，There are different ways for lawyers to pass on knowledge to the next generation。The civil bet365 cricket odds system is mainly based on legal sources such as statutory bet365 cricket odds，The common bet365 cricket odds system mainly transmits knowledge through precedents，Sometimes also through statutory bet365 cricket odds。These are the two main ways of passing on knowledge of legal sources to the next generation。From the perspective of bet365 cricket odds and economics，Which one do you think is more efficient？

　　Kut:I think bet365 cricket odds involves a very important concept，That is "institutional memory"。In the construction of human institutions，There is a lot of knowledge or things that individuals do not have，But exists in the system，bet365 cricket odds is an important feature of the human system。For example，Assume that all legal documents in the United States except the Constitution are destroyed，It will take people decades to figure out how the US government works，And it will make the constitution an empty sketch that does not know how to implement it。If you want to understand the specific meaning of constitutional principles，Requires many years of management practice。

Some people have an illusion，Think that when everything is recorded in writing，The system is preserved，But in fact, you will never know the meaning of the system。The system contains implicit rules，We have to be assimilated by bet365 cricket odds implicit rule，Having to incorporate bet365 cricket odds implicit rule。One more example，People will find an incredible thing when reading the Civil Code，The German Civil Code and the Japanese Civil Code have the same rules in some areas。Japan translated and partially revised the German Civil Code，Then use it for yourself，But the results may be completely different from those in Germany。If you encounter the same infringement case，Japanese courts and German courts may have completely different verdicts，Even if the rules they cited are similar principles。

　　bet365 cricket odds:There may be differences in the interpretation of legal sources under specific cultural backgrounds as well as differences in the growth environment and culture bet365 cricket odds judges themselves。For example，For the principle of good faith、The same or similar legal provisions such as the principle of public order and good morals，There are differences in the legal application results bet365 cricket odds same or similar cases in different countries (even if they belong to the same legal system)。

　　Relational bet365 cricket odds and complete bet365 cricket odds

Kurt:I think，bet365 cricket odds is a system influenced by culture，And not all legal systems influenced by culture are good。Japanese legal system is greatly influenced by culture。Some people think that Japanese people are not essentially litigious people，But there are many reasons why people are not keen on litigation。So，If you grew up in that kind of social environment，Perhaps less likely to consider resolving disputes through litigation。

　bet365 cricket odds:Yes，I have read some materials，Take Sony as an example，When one of its founders, Akio Morita, was trying to open up the US market，I feel that there is a big difference between American culture and Japanese culture。He discovered that there are many lawyers in the United States，People want to make sure everything is stated in the bet365 cricket odds。But in Japan，Although there are also terms or contracts，But not necessarily every detail。

　Kurt:I want to share with you a story that I really like，An executive from Arco Petroleum told me。The Arco Petroleum Company where bet365 cricket odds executive works is an American company，At that time, we were conducting a short-term joint venture to develop Indonesia's oil resources，The partner is a Japanese company。The Japanese and Americans are not familiar with cooperating with each other，bet365 cricket odds kind of cooperation is a new thing for both parties。So，They rented a room in the hotel，A week-long negotiation。At the end of the negotiation，The American lawyer took out a thick stack of documents，Obviously bet365 cricket odds is a cooperation contract，They hope to successfully cooperate by entering into a contract。But the Japanese representative left immediately after seeing it，And terminated bet365 cricket odds transaction。Because the Japanese concept of a contract is to establish a relationship，Americans believe that a contract is to establish some rules that bind both parties。Last，They failed to reach cooperation，Because they cannot reconcile these two ideas，Unable to reach agreement。

　bet365 cricket odds:We all know that there is the concept of "relational contract" in institutional economics，In ideal contract theory, there is the concept of "complete contract"。In the above example you mentioned，American companies seem to pay more attention to the establishment of written contracts，Even prefer to conclude a complete contract if possible，Try to incorporate the details established during the negotiation process into the contract as fully as possible、Fixed completely，In order to serve as a behavioral guide for both parties in the future。The thinking of Japanese companies in bet365 cricket odds case seems to be closer to a relational contract，Long negotiations are of course aimed at reaching consensus，But it is more to establish a long-term cooperative relationship。bet365 cricket odds relationship includes confirmation of the overall framework and general consensus of cooperation，Including flexible expectations for both parties to further confirm or change cooperation details in the relationship contract in the future。Relational contract and complete contract represent two different ideas of legal and economic cooperation，Played an important role in history，And has played an important role in both Eastern and Western cultures。Do you think there is any connection between the two？

　Kurt:Of course，Characteristics of relational contracts include standards of commitment，Let it be known that the relationship will not end suddenly or quickly，And each party in the relationship contract has many ways to punish the other party。Since each party has many ways to punish the other，So there is no point in writing them all down。I always like to use the example of my mother and I sharing Sunday dinner。If my mother invited me to dinner on Sunday，I promised to be there at six o'clock in the evening，But it didn’t arrive until eight o’clock。Because we have a commitment to each other，She has many ways to punish me，Even if there is no formal contractual relationship between us。bet365 cricket odds is how relational contracts work。bet365 cricket odds is a general framework、A universal understanding，All details emerge from interaction。Contracts are used to make rules，Instead of building a relationship，It simply writes down as clearly as possible who is to do exactly what。

　bet365 cricket odds:I think bet365 cricket odds may have something to do with our previous discussion。About complete contract，There is a balance problem: on the one hand，The more complete the contract，The higher the drafting cost，But on the other hand，The clarity of the prior agreement will reduce its execution cost。Therefore, the sum of "the pre-agreed cost of the contract + the ex-post execution cost of the contract" is minimized，It is the most important practical application after logical deduction of complete contract theory (similar to the ideal state of frictionless physics)。Of course，In East Asia and the Middle East，People traditionally tend to think that contracts are relational contracts，Will develop with principles and trust，Re-negotiation if new problems occur、Mutual punishment and decision to quit。Quiting can also be regarded as one of the broad punishment methods。

　　Relationship bet365 cricket odds and master-disciple inheritance

Kurt:I’ll take the culture we mentioned earlier as an example，bet365 cricket odds will be very impressive when you travel。Two years ago，I gave a speech at the alumni association in Japan，The Alumni Association is located in Tokyo，For Japanese alumni who graduated from the University of California, Berkeley School of Law。What impressed me most was their sense of belonging and responsibility to UC Berkeley School of Law。bet365 cricket odds is the relationship formed when they entered school，And they won’t forget。I appreciate it very much，I also admire bet365 cricket odds very much。I think in the United States，We rarely invest emotionally in our alma mater，Although we donate to our alma mater，But I don’t think we share their sense of responsibility。

　　bet365 cricket odds:I think it’s not just Japan，In fact, bet365 cricket odds is also the difference between the East and the West。Let me give you an example，Generally, graduate students will have one supervisor。In Eastern Countries，The relationship between them is more like a long-term lifelong intellectual support and social contract relationship，But in the United States it is more like a traditional contract。

　Kurt:I think you are absolutely right。I want to ask you a question，I have never been sure whether Japanese people value relationships more than Koreans or Chinese，Do you feel bet365 cricket odds way？What do you think is in China、South Korea or Vietnam，Do you attach the same importance to relationships？Is it the same across the entire Asian cultural region，Or do you think Japanese people particularly value relationships？

　bet365 cricket odds:I’m not sure what Vietnam and South Korea are like，But in China，I bet365 cricket odds the connection between students and tutors is strong，The method is also more traditional than Europe and America。Even after graduation，Many students also maintain a long-term relationship with their tutors。In our tradition，Even a teacher who has only taught me for one day，Students will also regard him as their elder morally。There is even a saying in history that "a teacher can be a teacher for one day"，The concept of being a father for life，Despite changes in modern concepts，But the influence of history is difficult to completely eliminate。

　Kurt:bet365 cricket odds is very good。Many of the graduate students I taught later became my friends，I have written many papers together with graduate students，Our relationship is indeed similar to a father-son or father-daughter relationship。Because when I established a relationship with my graduate student，I think I should look after their business，Should care if they get promoted、Why they were promoted and whether they encountered difficulties。I think I can still maintain bet365 cricket odds kind of connection with my students as I get older，It will make people feel satisfied。

　bet365 cricket odds:As a teacher, you really care about your students’ development and career，bet365 cricket odds is very normal。

　Institutional knowledge has bet365 cricket odds specific aspects

Kurt:Back to the difference between civil law system and common law system，The rules of statutory law are different from common law，The system is also different。Take France as an example，The French system is opposite to the American system。It’s not just the tort liability rules that are different，Courts are also organized differently，People who go to court to sue also have different legal education backgrounds。Therefore，There are some substantial differences in knowledge about American courts and French courts，bet365 cricket odds knowledge is called institutional knowledge，Their specific aspects are different。

It is a mistake to think that institutions can be reduced to statutory law。Just as Japan can introduce the rules of the German Civil Code，But it actually maintains its own characteristics，Its practice can be said to be completely Japanese。Without a doubt，bet365 cricket odds is Japan’s system，Instead of the German system。The Japanese have never doubted bet365 cricket odds。The Japanese know they don’t need the German Civil Code，What they want is to Japaneseize the German Civil Code。So even though the provisions are the same when they are written down，But the system is still different。The memory of the operation of the system is passed down from generation to generation，An independent culture followed。

　　bet365 cricket odds:I think because bet365 cricket odds is the interpretation and understanding of the law，Not just an explanation of legal provisions or norms。The interpretation I am referring to here is in a broad sense，Not limited to the judge’s interpretation，Also includes people’s understanding。In court，Judges need to interpret the law，Requires interpretation within a specific cultural context，Explanations are also needed in judicial practice。Even if we don’t talk about lawyers、Judge or Professor、Expert’s understanding，Just for ordinary people，The understanding of the same legal principle may be different。For example，Principle of Integrity、The principle of equality is common in the civil codes of any civil law country，Every individual in different countries，When they talk about the principle of integrity、Principle of equality，They may all have different understandings。bet365 cricket odds is like what you mentioned before，The understanding of these countless individuals will also become part of the system，The form of written documents or precedents is only the superficial carrier of institutional knowledge。For example，What you mean by “black letter law” and what we mean by statutory law，Even though they look similar when written out，But the practice is different。

　　Kut:Let me give you an example，In Prohibition of Unilateral Communication Litigation，All information in the judge’s possession must be obtained and reviewed at trial，Cannot come from any other source。Such a story really happened to me，When I first gave expert testimony in court，Don’t know these rules，I don’t know how to do it。My testimony lasted several hours，It’s lunch time，The judge adjourned the hearing。I was quite tired at the time，While walking out of the court to take the elevator，Made a big mistake，I got on the elevator before the judge，bet365 cricket odds means that judges cannot take the same elevator。

　　bet365 cricket odds:bet365 cricket odds as an expert witness，Should not be in the same space as the judge，Because it may have some impact。

　　Kut:Yes，I can’t take the same elevator as the judge，So the elevator took me down，And he had to keep waiting，bet365 cricket odds is really stupid。The specific way in which the principle of prohibiting unilateral communication works varies from place to place。For example，Courts in Germany，Sometimes the judge comes over to have lunch with the professor，Discuss the legal principles in a case，Instead of discussing the facts of the case itself。I don’t think a U.S. Supreme Court justice would discuss the legal principles of an ongoing case with a professor，At least not all cases under trial，I'm not entirely sure about bet365 cricket odds though。A friend from a South American country told me，bet365 cricket odds situation is quite common there。When you are involved in a case，Become a plaintiff or defendant，I also learned who the judge was hearing bet365 cricket odds case，You would try to find a lawyer who went to law school with the judge，bet365 cricket odds lawyer will go have coffee with the judge，Discuss the case。

　　bet365 cricket odds:I feel like bet365 cricket odds is a bit like corrupting or improperly influencing the judge.

　　Kut:Maybe yes。The person I was talking to said，bet365 cricket odds behavior can be viewed from two perspectives，From an angle，bet365 cricket odds is corruption；Looking at it from another angle，bet365 cricket odds is efficient，Because in bet365 cricket odds informal discussion，Judges can figure out many things。

　bet365 cricket odds:If the rules are set to not allow private meetings in places like coffee shops，But some formal information communication channels can still be retained。For example，Communicate directly through the office phone，Not the judge’s cell phone，It is the phone number bet365 cricket odds court office；Indirect communication on formal procedures can also be carried out through the judge’s assistant。

　　Kut:I think these systems depend on how they are set up，These things are always changing。For example，The President of the United States is required to keep records of all office visits，People can learn who he has talked to，bet365 cricket odds is a new rule。

　(bet365 cricket odds article is a phased result of the National Social Science Fund project "Legal and Economics Research on Redistribution Issues in the Application of Private Law" (22BFX177)

(The author is a professor at the School of bet365 cricket odds, South China University of Technology；Professor, University of California, Berkeley School of bet365 cricket odds。Li Yuqiao and others also contributed to the translation)