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Conventionalist's perspectives on the political economy of law: an introduction

Konventionentheoretische Perspektiven auf die politische Ökonomie des Rechts: eine Einleitung
[journal article]

Diaz-Bone, Rainer; Salais, Robert; Didry, Claude

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Abstract "This introduction and the contributions of this HSR Special Issue “Conventions and Law from a Historical Perspective” present the conception and analysis of law from the perspective of the French institutionalist approach of the economics of convention (EC). From the pragmatic viewpoint of EC, law is regarded as an institution through which actors "identify" the situation in which they interact regularly. Law can be seen as a "guide" in the coordinations in which actors are engaged and committed. So law is not conceived as simple external constraint for economic action because law has to be interpreted and mobilized by competent actors. Therefore, EC understands law as internal to situational coordinations. From its beginnings (three decades ago), EC has included the analysis of law into its institutional research. Also from its beginnings, EC has developed a transdisciplinary approach, refusing the traditional "division of law" between history, sociology, economics, and law science. The introduction presents some main concepts (as convention of State) and positions of EC in the analysis of law. This introduction also relates EC's perspective to neoliberalism, economic neo-institutionalism, new historical institutionalism, and the Weberian sociology of law. The contributions of this HSR Special Issue are presented. They cover overviews about EC's research on (mainly economic) law, empirical applications, and theoretical considerations about law from a conventionalist perspective." (author's abstract)
Keywords convention; sociology of law; law; economy; economy; neoliberalism; institution; institutionalism; historical development; national state
Classification Law; General Sociology, Basic Research, General Concepts and History of Sociology, Sociological Theories; Basic Research, General Concepts and History of Economics
Document language English
Publication Year 2015
Page/Pages p. 7-22
Journal Historical Social Research, 40 (2015) 1
Issue topic Law and conventions from a historical perspective
ISSN 0172-6404
Status Published Version; peer reviewed
Licence Creative Commons - Attribution-Noncommercial-No Derivative Works