约翰·R·康芒斯、韦斯利·N·霍菲尔德与交易经济学的起源

John R. Commons, Wesley N. Hohfeld, and the Origins of Transactional Economics

History of Political Economy · 2010
被引 25
人大 A-ABS 2

中文导读

评估了康芒斯如何借用霍菲尔德的法权对立与关联框架来构建其制度研究的交易方法,并指出霍菲尔德的影响既有积极面也有消极面。

Abstract

This article assesses John R. Commons's adoption of Wesley N. Hohfeld's framework of jural opposites and correlatives in order to construct his transactional approach to the study of institutions. Hohfeld's influence on Commons, it is argued, was both positive and negative. On the one hand, Commons followed Hohfeld and recognized that such concepts as property and inheritance actually represent an aggregation of numerous types of legal relations. Hohfeld's schema provided a powerful rhetorical and analytical tool whereby these highly abstract conceptions could be reduced to a limited number of primary elements. Moreover, Hohfeld's schema appeared to be consistent with Commons's general methodological and psychological commitments. On the other hand, Commons's forging of the “transaction” as the elementary unit of economic analysis can be seen as an attempt to go beyond Hohfeld. Commons was in fact unsatisfied with Hohfeld's bilateral treatment of jural relations and with his neglect of the role played by state officials in enforcing transactions and, in so doing, in promoting specific individual interests as collective public policies.

约翰·R·康芒斯韦斯利·N·霍菲尔德交易经济学制度分析