Alain Marciano
Datos Biográficos
| ID | 3604900 |
|---|---|
| NOMBRE | Alain Marciano |
| NOMBRES | Alain |
| APELLIDO | Marciano |
| FIRMA | MARCIANO A |
| AFILIACIONES | Université de Montpellier |
| ORCID | 0000-0002-7283-5520 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 45 |
| TOTAL DE CITAS | 62 |
| TOTAL COMO AUTOR | 44 |
| TOTAL COMO EDITOR | 2 |
| PRIMER AÑO DE PUBLICACIÓN | 1995 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2026 |
| ÍNDICE H | 4 |
An introduction to the anniversary issue
Celebrating European law and economics
This paper analyzes the intellectual foundations and evolution of the European Journal of Law and Economics (EJLE) over its first thirty years. We first reconstruct the European intellectual traditions underlying law and economics—Enlightenment thought, the German Historical School, ordoliberalism, and comparative institutional analysis—and their role in shaping the journal’s founding mission. We then complement this historical analysis with a co…
Dysfunctional effects of altruism
Buchanan meets Tullock
We analyze the potentially dysfunctional role of altruistic third parties in competitions and conflicts. We build a model in which two Contestants engage in a Tullock contest, each receiving support from a distinct altruistic third party (a Samaritan). In a setting where the Contestants’ and Samaritans’ investments are technological substitutes, we show that the Samaritans’ altruism may create disincentive problems, inducing Contestants to free-r…
The law and economics of accounting and auditing
The Marketizers
The title of the book leaves little doubt about its purpose, and what was left is eliminated by what is written on the dust jacket: “The book traces the origins of the neoliberal order to public choice theory and argues that the reinvention of government on the model of the market would have been unimaginable without the emergence of this body of thought.” Another book on neoliberalism, and another book that blames public choice. An air of déjà v…
Samuelson’s social welfare function and Buchanan’s critique
A history of the transformation of public finance into public economics necessarily involves an understanding of the tension between positive and normative statements, that is a history of how public economists dealt with Robbins’s requirements that economists should not make normative statements. In this paper, we propose to contribute to this history by discussing and comparing the works of two major economists of the 20th century, Paul Samuels…
Covid 19
European associations in law and economics foreword
A theory of instrumental and existential rational decisions
This paper proffers a dialogical theory of decision-making: decision-makers (DMs) are engaged in two modes of rational decisions, instrumental and existential. Instrumental rational decisions take place when the DM views the self externally to the objects, whether goods or animate beings. Existential rational decisions take place when the DM views the self in union with such objects. While the dialogical theory differs from Max Weber’s distinctio…
Other-Regarding Preferences
The category “other-regarding preferences” is a catch-all phrase based on a self/other dichotomy. While the self/other might be useful when the motive is self-interest or altruism, it fails when the motive involves bonding. This article identifies three motives that involve bonding: i) the preferences regarding friendship and community; ii) the preferences that amalgamate communal bonding with self-interest; and iii) the preferences for distincti…
Are there Alternative Traditions in Public Choice? An Introduction
This brief note introduces readers to the papers published in this issue on the theme of “Alternative Traditions in Public Choice.” While the field of Public Choice is commonly seen to have been born of Buchanan and Tullock’s Calculus of Consent (1962), the guest editors encouraged submissions to consider alternative influences. Instead, the papers illustrate the difficulty of disentangling Public Choice from the influence of Buchanan and the und…
Retrospectives
James Buchanan wrote "An Economic Theory of Clubs" and invented clubs to support a form of welfare economics in which there is no social welfare function (SWF) and individual utility functions cannot be "read" by external observers. Clubs were a means to allow the implementation of individualized prices for public goods and services and to allow each individual to pay exactly the amount he wants to pay. He developed this project to answer and cou…
The Rise of Law and Economics
Book Review| October 01 2021 The Rise of Law and Economics: An Intellectual History by George L. Priest The Rise of Law and Economics: An Intellectual History. By Priest, George L.. London: Routledge, 2020. xii; 130 pp., $54.95. Alain Marciano Alain Marciano Université de Montpellier et MRE Search for other works by this author on: This Site Google History of Political Economy (2021) 53 (5): 954–956. https://doi.org/10.1215/00182702-9395156 Cite …
Justice Without Romance
Richard Posner’s “What Do Judges and Justices Maximize?” (1993b) is not, as usually believed, the first analysis of judges’ behaviors made by using the assumption that judges are rational and maximize a utility function. That analysis arrived at the end of a rather long process. This paper recounts the history of this process, from the “birth” of law and economics in the 1960s to 1993. We show that economic analyses of judges’ behavior were intro…
Puzzles in the big data revolution
Big data and big techs
One of the major challenges that result from the digital transformation occurring in our societies bears on its impact on the organization and regulation of the economy. This leads to a dramatic change to the economic institutions of capitalism—into what could be defined as platform capitalism—that rests on a fundamental dilemma between ‘decentralization’ on the one side and ‘concentration’ on the other. This is the main puzzle that the emergence…
Foreword, special issue
The Strategic Use of Scandals
Scandals are pervasive in many areas of society. We propose a characterization of scandals that explicitly considers their potential benefits to transgressors. Although scandals are frequently considered to be undesirable to the targets or transgressors implicated, we develop four rationales by which a scandal can actually be beneficial to them. First, a scandal can propel an individual, organization or cause into the limelight and generate low‐c…
How Buchanan’s concern for the South shaped his first academic works
Encyclopedia of Law and Economics
Retrospectives
Garrett Hardin's "The Tragedy of the Commons" (1968) has been incredibly influential generally and within economics, and it remains important despite some historical and conceptual flaws. Hardin focused on the stress population growth inevitably placed on environmental resources. Unconstrained consumption of a shared resource-a pasture, a highway, a server-by individuals acting in rational pursuit of their self-interest can lead to congestion and…
Encyclopedia of Law and Economics
The Making of a Constitutionalist
This article studies the few works James Buchanan wrote on education from the end of the 1950s to the early 1970s. These neglected works tell us important things about how Buchanan's ideas on constitutions evolved through time, because they provided Buchanan with the opportunity to apply his ideas about constitutions and, in return, nurture his theoretical thinking. Two historical developments were of importance in the evolution of Buchanan's thi…
The perils of government enforcement
Why Market Failures Are Not a Problem
This article describes the intellectual trajectory James Buchanan followed from the early 1950s, when he started to work on ``spillover effects,'' to the mid-1960s, when he had completed a consistent explanation of the efficiency of market mechanisms and private arrangements in the presence of externalities. We show that, in contrast with what most economists admit, Buchanan argued that, even if externalities are a cause of ``market failures,'' t…
Market Failure in Context
Market failure, conceived of as the failure of the market to bring about results that are in the best interests of society as a whole, has a long lineage in the history of writings on matters economic. The goal of the present volume is to explore the contexts within which "modern" (i.e., twentieth-century) notions of market failure were developed. The idea that markets could fail to perform in ways that best promoted the larger interests of socie…
Retrospectives
Garrett Hardin's "The Tragedy of the Commons" (1968) has been incredibly influential generally and within economics, and it remains important despite some historical and conceptual flaws. Hardin focused on the stress population growth inevitably placed on environmental resources. Unconstrained consumption of a shared resource-a pasture, a highway, a server-by individuals acting in rational pursuit of their self-interest can lead to congestion and…
The past, present and future of Virginia Political Economy
Retrospectives
James Buchanan wrote "An Economic Theory of Clubs" and invented clubs to support a form of welfare economics in which there is no social welfare function (SWF) and individual utility functions cannot be "read" by external observers. Clubs were a means to allow the implementation of individualized prices for public goods and services and to allow each individual to pay exactly the amount he wants to pay. He developed this project to answer and cou…
The perils of government enforcement
The Making of a Constitutionalist
This article studies the few works James Buchanan wrote on education from the end of the 1950s to the early 1970s. These neglected works tell us important things about how Buchanan's ideas on constitutions evolved through time, because they provided Buchanan with the opportunity to apply his ideas about constitutions and, in return, nurture his theoretical thinking. Two historical developments were of importance in the evolution of Buchanan's thi…
Buchanan’s constitutional political economy
Constitutionalism and common knowledge
Buchanan meets Tullock
We analyze the potentially dysfunctional role of altruistic third parties in competitions and conflicts. We build a model in which two Contestants engage in a Tullock contest, each receiving support from a distinct altruistic third party (a Samaritan). In a setting where the Contestants’ and Samaritans’ investments are technological substitutes, we show that the Samaritans’ altruism may create disincentive problems, inducing Contestants to free-r…
The Marketizers
The title of the book leaves little doubt about its purpose, and what was left is eliminated by what is written on the dust jacket: “The book traces the origins of the neoliberal order to public choice theory and argues that the reinvention of government on the model of the market would have been unimaginable without the emergence of this body of thought.” Another book on neoliberalism, and another book that blames public choice. An air of déjà v…
Are there Alternative Traditions in Public Choice? An Introduction
This brief note introduces readers to the papers published in this issue on the theme of “Alternative Traditions in Public Choice.” While the field of Public Choice is commonly seen to have been born of Buchanan and Tullock’s Calculus of Consent (1962), the guest editors encouraged submissions to consider alternative influences. Instead, the papers illustrate the difficulty of disentangling Public Choice from the influence of Buchanan and the und…
How Buchanan’s concern for the South shaped his first academic works
Buchanan and Pro-Social Behaviors
L’objet de cet article est d’analyser le rôle de l’éthique et de l’intérêt personnel chez Buchanan et dans les explications qu’il donne des comportements pro-sociaux. Notre argument est que, pour Buchanan, non seulement l’éthique est importante mais elle est aussi nécessaire. Dit autrement, si les individus ne sont pas contraints par des principes éthiques, c’est-à-dire s’ils poursuivent leur intérêt personnel de manière étroite, alors ils ne se …
Becker and Posner
This essay analyzes what Gary S. Becker and Richard A. Posner have written for various media (either in print or online) that are not strictly aimed at academic audiences. We provide an historical account of how they became interested in such activities, from their first attempts, made independently from each other, to their joint venture on the Internet through The Becker-Posner Blog. In our description of their independent and then collaborativ…
Altruistically Inclined? The Behavioral Sciences, Evolutionary Theory, and the Origins of Reciprocity
Benevolence, Sympathy, and Hume's Model of Government
Research Article| December 01 2005 Benevolence, Sympathy, and Hume's Model of Government: How Different Is New Political Economy from Classical Political Economy? Alain Marciano Alain Marciano Search for other works by this author on: This Site Google History of Political Economy (2005) 37 (Suppl_1): 43–70. https://doi.org/10.1215/00182702-37-Suppl_1-43 Cite Icon Cite Share Icon Share Twitter Permissions Search Site Citation Alain Marciano; Benev…
Constitutionalism and common knowledge
Le financement des infrastructures de transport dans les régions périphériques. Une approche par les choix publics
Les infrastructures de transport des régions périphériques ne peuvent être, pour des raisons de rentabilité insuffisante, financées à partir de fonds privés. L'implication financière des autorités publiques apparaît alors indispensable. Cependant l'efficacité d'une telle solution est limitée par l'incapacité de l'Etat de prévenir la manipulation des fonds versés. L'article étudie les comportements stratégiques des usagers, des sociétés d'exploita…
The Influence of Scottish Enlightenment on Darwin's Theory of Cultural Evolution
Since the 1980s, institutional change has become a matter of great interest as economists faced the necessity and the challenge to provide a theory of economic or cultural evolution. Their first reaction was to refer to biology, a field in which theories of evolution have reached a high degree of sophistication. This was all the more legitimate and relevant given that biology has been largely influenced by economics (Schweber 1977, 1980; Gordon 1…
Freedom of speech in a constitutional political economy perspective
The article examines the issue of free speech in a law and economics perspective. The property rights approach is contrasted with the common law and constitutional standpoints. Consequentialist and market efficiency may not provide adequate criteria for judging limitations to freedom of speech. Constitutional instruments may then be required
Judicial conformity versus dissidence
General Norms and Customs
Benevolence, Sympathy, and Hume's Model of Government
Research Article| December 01 2005 Benevolence, Sympathy, and Hume's Model of Government: How Different Is New Political Economy from Classical Political Economy? Alain Marciano Alain Marciano Search for other works by this author on: This Site Google History of Political Economy (2005) 37 (Suppl_1): 43–70. https://doi.org/10.1215/00182702-37-Suppl_1-43 Cite Icon Cite Share Icon Share Twitter Permissions Search Site Citation Alain Marciano; Benev…
Federalism and Subsidiarity in National and International Contexts
A mainly European and continental notion, subsidiarity is nevertheless at the heart of federalism. Either in an international context or in order to federate a nation, the economics of constitutions provides a nuanced view of the merits of the different forms of federalism. It builds on the tools of economic analysis to try to draw some lessons from the American experience that could serve to better understand the ongoing institutional changes in…
Where Economics and Philosophy Meet
Although Adam Smith’s 1776 Wealth of Nations is often cited as marking the birth of economics, it was really not until after the second world war that economics became the distinctive, more or less unified, and largely separate discipline summarised in the textbooks of today. Even a mere fifty years ago, it was possible for the intelligent reader to move with relative ease between economics on the one hand and political economy, sociology and soc…
David Hume's model of man
The purpose of this paper is to analyse David Hume's model of man. We show that three major elements characterize his representation of man: first the weaknesses and limitations of human rationality; second, the psychological foundations of human behaviour, with a particular focus on the role of association in human cognition; and third, the collective dimension of individual learning through a process of communication based on sympathy. Therefor…
The Political Element in Economic Thought
International audience
Buchanan’s constitutional political economy
Altruistically Inclined? The Behavioral Sciences, Evolutionary Theory, and the Origins of Reciprocity
Buchanan's catallactic critique of Robbins' definition of economics
In 1964 Buchanan, J.M. 1964. What Should Economists Do?. Southern Economic Journal, XXX(3): 213-222. [Crossref] , [Google Scholar], Buchanan wrote an article in which he criticized the definition of economics given by Robbins in his Essay on the Nature and Significance of Economic Science. This article is remarkable because it represents Buchanan's attempts to redefine economics, that is, not only to propose his own definition but also to attack …
Becker and Posner
This essay analyzes what Gary S. Becker and Richard A. Posner have written for various media (either in print or online) that are not strictly aimed at academic audiences. We provide an historical account of how they became interested in such activities, from their first attempts, made independently from each other, to their joint venture on the Internet through The Becker-Posner Blog. In our description of their independent and then collaborativ…
Why Market Failures Are Not a Problem
This article describes the intellectual trajectory James Buchanan followed from the early 1950s, when he started to work on ``spillover effects,'' to the mid-1960s, when he had completed a consistent explanation of the efficiency of market mechanisms and private arrangements in the presence of externalities. We show that, in contrast with what most economists admit, Buchanan argued that, even if externalities are a cause of ``market failures,'' t…
Brett M. Frischmann, Infrastructure
Accident costs, resource allocation and individual rationality
In this paper, we analyse the controversy that took place between Blum and Kalven, and Calabresi around rationality or, more broadly, how individuals behave. We analyse how their respective conception regarding this specific aspect was included in their analyses about what economics could say about fault, liability and compensation of victims in the case of accident and their respective views on the law. First, we show that the debate was a seque…
Buchanan and Pro-Social Behaviors
L’objet de cet article est d’analyser le rôle de l’éthique et de l’intérêt personnel chez Buchanan et dans les explications qu’il donne des comportements pro-sociaux. Notre argument est que, pour Buchanan, non seulement l’éthique est importante mais elle est aussi nécessaire. Dit autrement, si les individus ne sont pas contraints par des principes éthiques, c’est-à-dire s’ils poursuivent leur intérêt personnel de manière étroite, alors ils ne se …
The past, present and future of Virginia Political Economy
Market Failure in Context
Market failure, conceived of as the failure of the market to bring about results that are in the best interests of society as a whole, has a long lineage in the history of writings on matters economic. The goal of the present volume is to explore the contexts within which "modern" (i.e., twentieth-century) notions of market failure were developed. The idea that markets could fail to perform in ways that best promoted the larger interests of socie…
The perils of government enforcement
Encyclopedia of Law and Economics
The Making of a Constitutionalist
This article studies the few works James Buchanan wrote on education from the end of the 1950s to the early 1970s. These neglected works tell us important things about how Buchanan's ideas on constitutions evolved through time, because they provided Buchanan with the opportunity to apply his ideas about constitutions and, in return, nurture his theoretical thinking. Two historical developments were of importance in the evolution of Buchanan's thi…
Encyclopedia of Law and Economics
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