专家的工作:重新审视杰里米·边沁的法典化提案

An Expert at Work: Revisiting Jeremy Bentham's Proposals on Codification

Kyklos · 2008
被引 4
人大 A-ABS 3

中文导读

回顾边沁在19世纪初为全球法典化所做的理论与实践工作,从理性选择模型分析专家经济学,揭示专家作为经济主体的行为,并讨论其当代意义。

Abstract

SUMMARY Throughout his life the English philosopher, economist and jurist Jeremy Bentham exhibited a marked interest in the design and the transfer of institutions. What is more, he was determined that his proposals illuminate the course of institutional design all over the world during his era. His work along these lines thus represents an obvious example of the work of a hands‐on expert on codification. In this paper we review the theoretical and practical activities undertaken by Bentham on the issue of codification and discuss them in the context of a rational choice model of the economics of expertise. While experts may claim to be concerned with the advancement of the public interest, it seems safer to consider them as economic agents just like the rest of us. The different activities undertaken by Jeremy Bentham in terms of offering proposals for codification throughout the world in the early 19 th century represent a fascinating case‐study on the economics of expertise. Our examination of his activities in this sense will also allow us to discuss the contemporary relevance of Bentham's enterprise.

边沁法典编纂专家经济学制度设计