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Completely to paralyse economic activities in what - Or sphere, responsibility rules are applied. A society Incurs an establishment of the objective price, on which It is authorised to appropriate powers. For example, the property rule is inapplicable in the relation Motor transportation incidents as it would demand from Drivers of negotiation about the sizes of indemnification for Put mutilations with all potential victims of the unfortunate Cases. Clearly that automobile movement in the similar It would be simply impossible for a situation. From here necessity in Refusal of a rule of the property in favour of a rule Responsibility. The society itself defines the size Indemnification paid by the victim in the road Incidents, forcing all members to obey to it To collectively accepted decision.Economic efficiency is defining and at Choice of carriers of the right, and at a choice of forms of the legal Protection. Though critical researches have shown that this The criterion far is not neutral (it favours to preservation The status quo, puts manufacturers in more favourable position In comparison with consumers, well-founded members of a society -- In comparison with deprived etc.), nevertheless without it The economy is right hardly probable in general could to exist as Theoretical discipline. R.Pozner's thesis about legal system as the market simulator Gives in to double interpretation. In positive sense it Means that existing legal institutes are Most effective of all possible, in standard - That they should be reformed proceeding from reasons Efficiency 12. R.Pozner sees legal analogue The market in case law system. Within the limits of this system, He confirms, decisions are taken out by courts in general in Conformity with criterion of economic efficiency (58). (And this criterion is not necessarily formulated by courts in Obvious kind.) considering "congenital" mistrust of neoclassics to To the state, such conclusion can seem a little The unexpected. But the matter is that they always differently Concerned political and legal systems of a society. From them The points of view restructurization of the property rights, Proceeding from political system, carries more often Redistributive, whereas proceeding from the legal
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