The Meaning of Property Rights: Law versus Economics?
指出经济学家对产权的定义不一致且常偏离法律常规理解,这种分歧会造成跨学科混淆并导致有偏的经济分析,若用于指导政策可能产生次优经济结果。
Property rights are fundamental to economic analysis. There is, however, no consensus in the economic literature about what property rights are. Economists define them variously and inconsistently, sometimes in ways that deviate from the conventional understandings of legal scholars and judges. This article explores ways in which definitions of property rights in the economic literature diverge from conventional legal understandings, and how those divergences can create interdisciplinary confusion and bias economic analyses. Indeed, some economists’ idiosyncratic definitions of property rights, if used to guide policy, could lead to suboptimal economic outcomes.