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In the bulk publications on economy of the right to the concrete
It is proved that these precedents and norms really
Are established in compliance with economic efficiency principles.
It was much less undertaken attempts to find out the internal
The mechanism leading to similar result (36).
Let's admit, the judgement had been established "inefficient"
Precedent and the right is allocated the claimant, for which it
Represents smaller, than for the respondent, value. Then all
Agents, whose position is similar to position of the respondent,
Will appear are interested in replacement of the established precedent
New, solving business in their advantage. As value of the right,
Dispute making a subject, for them above, so far as they
Means (for example to employ more expensive lawyers), than
Opposite side. In these conditions will "survive"
Only effective on the economic consequences
Legal norms and rules. It is possible to consider the given mechanism
Special case of the more general process providing
Natural selection of the most viable institutes and forms
The social organisation.
8. "NEW ECONOMIC HISTORY"
In the theory of the property rights it is traced not only influence
Existing legal establishments on results
Economic activities, but also return influence
Business factors on evolution of relations of the property.
It is possible to tell, what is it the formulation of a uniform problem in
To statics and dynamics. Economic and legal systems at
It are as though interchanged the position. In the first case it is a question about
Volume as the established property rights generate
Positive and negative stimulus and through it
Influence behaviour of agents of manufacture. In the second
Case statement of a question the mirror: what deep
Business factors induce agents to try to change
Developed system of relations of the property?
One of basic achievements of the theory of the property rights
The western economists see that in its frameworks
Structures receives it an explanation: "We can tell,
That institutes consist of a set of restrictions in the form of rules and
Instructions, a set of procedures for detection of deviations from
Rules and instructions and, at last, a set moral, ethical
Norms of behaviour in which limits should be defined as
Mechanisms of formation of rules and instructions, and mechanisms
On compulsion realisation "(49, with. 8).
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