Lecture 1: Core principles of economics & Market Equilibrium Flashcards
HOW to balance efficiency with the rule of law in the regulation of markets in an international and European context? (110 cards)
How is the study of economics legally relevant for lawyers?
give 4 reasons
- legal decisions have economic consequences whose costs and benefits must be weighed
- there are certain areas of law where lawyers will have to make economic arguments
- tdy legal rules are not only judged by their fairness and legality, but also their efficiency (an econ concept) - bc of increased resource scarcity AND liberalization
- judges stress role of efficiency in law - dont only look at what the law says + whether or not its efficient in practice
liberalization = privatization of public sectors = relevant
What is an economic analysis of law?
define economic analysis
An economic analysis in law means using economic theories to understand how the law works
What two key insights do we get by analyzing the law from an economic perspective?
- predict behaviour = we can predict how people respond to laws
- evaluate laws = we can evaluate if laws are efficient or socially beneficial
why is efficiency relevant in law?
3 key world events
- privatization = selling preivously public sectors to private sectors (ex. state airline is sold to a private company)
- liberilzation = opening the market to allow private companies compete in what once was a public only field for more competition (ex. Allowing private companies to enter the telecom market that was previously monopolized by a state-owned company)
- globalization
What is the main assumption that economic theories rely on?
economic theories assume that people are rational and respond to incentives
How do legal sanctions act similarly to prices in economics?
= Legal sanctions (like fines) influence behavior by making people weigh the cost of breaking the law against the cost of compliance
explanation
- in economics => prices influence beahviour
- in law => legal sanctions (ex. fines) act like prices bc they influence behaviour
- ex. if u pollute a river u must pay 10k - u decide if it is more efficient to pollute a river and pay or not pollute and not pay
- the sanctions are what create the framework that help us; predict behaviour, evaluate efficiency of laws, and design better laws
What is a traditional definition of law?
Traditionally, “a law is an obligation backed by a state sanction”
-a law is a rule that tells us what we must or must not do, enforced by a punishment
How does the traditional definition of law comply with the economic perspective on law?
laws = rules + incentives
From an economic perspective on law, laws are not only rules but also incentives that influence peoples beheaviours + encourage them to act a certain way that is ‘desirable’ by increasing the cost of acting in an ‘undesirable way’
- law creates costs for certain behaviours via sanctions, thus the obligation is enforced bc it is ‘backed by a state’
What is the cathedral of law metaphor?
“Economics is (just) one way of looking at the cathedral of law”
- we can look at a cathedral from many dif angles, we can analyze the law from many di flenses - moral, social, political, economic, philosophical, and ECONOMIC
How did Calabresi and Melamed’s influential article contribute to the cathedral of law metaphor?
’ “Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’ 1972
- wrote an article that explored how dif legal rules (property rules vs liability rules) affected entitlements and efficiency - this connects to the cathedral metahpor bc it reflects their economic analysis shows one ‘painting’ of the cathedral, but does not disregard the idea that you can have many other paintings of the cathedral from dif angles
What are the 3 core principles in an economic analysis of law?
- Efficiency
- Welfare
- Transactions
What is efficiency?
what does the law have to do with efficiency?
- the centre of economics
**- making the best use of resources
**= by getting the most benefit with the least cost - so u esssentially balance the cost and benefits to maximize the net benefits - legal rules aim to maximize efficiency
- to do this we have to do a cost benefit analysis + figure out what the most effective way of achieving a goal is
What is a net benefit?
give an example
- net benefits = benefits MINUS costs
- they show how much benefit there rly is
example; - a public program costs 1 mil, but saves 3 mil euros
- net benefit = 3-1
- net benefit = 2 million = which is efficient
- IF the net benefit would be NEGATIVE = not efficient
What does maximizing a net benefit mean?
- increasing the benefit as much as possible + decreasing the cost as much as possible
- SO the gap between the two should be as large as possible
- (super high benefit, super low costs = big gap)
What is cost effectiveness?
2 main forms
- only focused on reducing the costs, regardless of the benefit
- SO cost effectiveness only looks at lowering costs as much as possible
2 main forms;
- Transaction Costs = costs of making an economic exchange
- Production Costs = cost of creating a good / service
What are four main types of transaction costs
explain w/ an example
example = buying a car
1. informing costs = researching cars
2. bargaining cost = negotiating with car dealership
3. monitoring
3. enforcement = making contract w car ppl, getting a lawyer
enforcment + monitoring sometimes seen as one
What is the difference between efficiency and cost effectiveness - why is it important to acknowledge the difference?
give an example
- efficiency = looks at both costs AND benefits, its goal is to maximize the net benefit (increasing benefit, whislt decreasing cost)
- cost effectiveness = only looks at costs, its goal is to decrease the costs as much as possible
- JUST BC SOMETHING IS COST EFFECTIVE DOES NOT MEAN IT IS EFFICIENT
example;
- legislators vote to hire 10% less judges to save costs = cost efefctive
- a lack of judges reduc es the benefits of the legal system by 40%, so the net benefit is -30% (bc 10 - 40 = -30) = NOT efficient
What is Pareto Efficiency?
(sometimes reffered to as allocative efficiency)
- it is a way to measure / judge efficiency
- according to pareto efficiency, an allocation of resources is efficient only when one person is made better off WITHOUT making someone else wores off
- aka it requires a win-win situation
SO
- if u can make a person better off without making someone else worse off, the situation is NOT YET pareto efficient, but it CAN be
- IF u cannot make a person better off without making someone else worse off, the situation is ALREADY pareto efficient (no room for improvement)
There is an allocation of resources where Rachel gains, but Pheobe suffers a loss - according to Pareto efficiency criteria, is this efficient?
No this is inefficient because acc to Pareto efficiency nobody can suffer a lost, everyone must ‘win’
graph;
Technology improves and producers of product Z are able to supply more of product Z at a lower cost. What happens to the supply curve?
- What happens to producer and consumer surplus?
- How is this related to Pareto efficiency?
The supply curve shifts to the right = increased quantity, and reduces price
- so consumper surplus INCREASES bc consumers pay LESS
- producer surpluss INCREASES bc producers create more of product Z at a lower price
-SO both parties are economically better off (save money) which means this is pareto efficient
x-axis = quantity, y-axis = price, supply curve goes up like this; /
What is a monopoly in competition?
define perfect competition in your answer
A monopoly is the opposite of competition;
- where one single seller on a market controls the entire supply of a certain good or service - with no real competitor
- allows the seller to intentionally produce less suppplies, whilst increasing prices to increase their profits
- causes the price of their good to be ‘artifically high’ (since it isnt inreased according to natural competition
In a perfectly competitive market:
- There are many sellers offering the same product.
- No single firm can set the price — they must accept the market price.
- Consumers have many choices.
- Prices are lower, quality is higher, and efficiency is greater.
-
Technology improves and producers of product Z are able to supply more of product Z at a lower cost. However, a monopoly forceloses the market, meaning product Z producers are the ONLY SELLERS
- what happens to producer and consumer suprlus?
- how is this related to pareto efficiency?
- producer surplus = increases (more profit)
- consumer surplus = decreases (we consumers have to pay MORE for LESS)
- this is NOT pareto efficient, since one party (producers) gain BUT at the expense of another party (consumers), regardless if the TOTAL SURPLUS increases
(even if it looks like the benefit outweigh costs, if even ONE person is ‘worse off’ something is no longer pareto efficient)
What is the biggest limitation of the Pareto efficiency criteria?
give an example
It is difficult / almost impossible to achieve in practice so people view it as ‘too ideal’
example;
- There is a car transaction where the buyer values a car at 12,, and the seller at 10k = according to pareto they should agree on 11k BUT in reality sellers are greedy and want that extra 2k
What is the Kaldor Hicks Efficiency Criteria
- ## according to this, something can be efficient EVEN WHEN someone is left worse off, as long as the winners can compensate the losers - creating a potential win-win situation (even if that never actually happens)