Venues Where Juridical and Economic Rationalities of Regulation Interact
At the beginning of the 19th century the state began to withdraw its control over the economy. At the same time it restricted the power of intermediate institutions, which until then had organized sectors of the economy without competition. In this sense one can talk about a deregulation of the markets having taken place. But this subsequent vacuum was not completely filled by free private coordination. Parallel to this regulatory arrangements developed, in which societal self-regulation and state regulation were linked. In doing so, the use of organizational forms of the traditional corporate society, which were modified and advanced, was possible, and partially new instruments of regulation were developed (see project “Regulated self-regulation from a legal historian’s perspective”). The combination of state and societal structural logics occurred both within and outside of state organizations.
In the representative conceptions of law the emergence of these forms was insufficiently reflected for a long time. The science of public law was approached from a state perspective. However, partially it did open itself to these phenomena. This concerns, for example, the law of infrastructures, of social and economic self-government, but also the regulation of the wartime economy. But which conceptions were dominant? Which impulses influenced the juridical work?
The project concerns itself with the question, which economic considerations influenced conceptions of regulation. The influence of economics on jurisprudence, legislation and jurisdiction in the 19th and the early 20th century is only fragmentarily explored. But this project is not focused on the immediate transformation of economic theories into juridical systematical drafts. This hardly took place. What is of interest are the indirect impulses – be they from the so-called “Nationalökonomie”, which received its initial theoretical impulses from Adam Smith, or from the knowledge base of business administration or from the concept of the so-called “Gemeinwirtschaft”.
In this matter it is not only about reception in only one direction, but also about alternating interactions and their impact. The project is also focused not only on all-embracing conception, but also on the exploration of several branches of regulation, in which juridical and economic knowledge interacted. Also to be considered is the conditioning of legal practitioners by their – so-claimed – broad education which, according to them, included economics, as well as the confrontation of administrative jurists with the demands of the regulation of the economy.
The aim of the project is the analysis on the basis of selected problem areas of the confrontation, the balance and the (partial) harmonization of juridical and economic patterns of thought established in view of dealing with novel challenges of regulation.
Workshop: June 9-10, 2011
Venues where juridical and economic rationalities of regulation interact