我的法律和经济学研究。有知识渊博的导游陪同的教育之旅

IF 0.4 Q3 LAW Review of Law & Economics Pub Date : 2023-02-23 DOI:10.1515/rle-2022-0074
H. Schäfer
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引用次数: 0

摘要

在科隆学习了经济学和工商管理之后,我作为经济学家的学术生涯始于1968年,当时我是一名博士生,后来在德国波鸿大学发展研究与发展政策研究所做博士后。我当时研究的经济理论与法律或社会规范毫无关系。在我成为汉堡大学新成立的第二法律系的经济学教授后,情况发生了变化。这是一场法律教育改革的示范审判。我的律师同事们提倡以政策为导向和目的论的理解法律、法律学术和教学,并要求将社会科学纳入法律研究。我开始研究和教授美国法律和经济学先驱的经典著作,并将它们与德国私法联系起来。逐渐地,我将自己的学术兴趣和出版物的重点从发展研究转移到民法的经济研究,并越来越相信“法与经济学”纠正了两个学科分离时出现的科学谬误。后来,我和我的律师同事克劳斯·奥特一起参加了欧洲法律和经济学硕士项目,建立了法律和经济学博士项目和汉堡法律和经济研究所。在两个相互竞争的法律系合并后,联合的教员采取了支持和深远的决定来巩固研究所,使其成为法律和经济学研究的中心。下面的章节更详细地展示了这些因素和原因,这些因素和原因使我成为法律经济学方法和制度经济学的坚定支持者和学者。
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My Study of Law and Economics. An Educational Journey with Knowledgeable Tour Guides
Abstract After studies of economics and business administration in Cologne my academic career as an economist started 1968 as a doctoral student and later as a post doc in the Institute of Development Research and Development Policy of the University of Bochum in Germany. The economic theories, with which I worked at the time had no relation to legal or social norms. This changed, after I became a professor of economics in the newly established second law department of the University of Hamburg. It was a model trial of a reformed legal education. My lawyer colleagues propagated a more policy oriented and teleological understanding of the law, legal scholarship, and teaching and demanded the integration of social sciences into the study of the law. I began studying and teaching the classical writings of the American law and economics pioneers and related them to German private law. Gradually I shifted the focus of my academic interest and publications from development studies to the economic study of civil law and became increasingly convinced that “law and economics” corrects a scientific fallacy, which emerged when the two disciplines fell apart. Later I joined -together with my lawyer colleague Claus Ott-the European master program in law and economics, established a doctoral program in law and economics and the Hamburg institute of law and economics. After the merger of the two competing law departments the united faculty took supportive and far reaching decisions to consolidate the institute and make it a center for the study of law and economics. The following pages show in more detail the factors and reasons, which made me a convinced supporter and scholar of the economic approach to law and of institutional economics.
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