The central point of this presidential address is that the settlement and redistribution of rights, including property rights, refer to sanctioned behavioral relations among men that arise from the existence of goods and services and relate to their use. Some economic concepts such as uncertainty, information, externalities, transaction cost, internal organization, consumer liability, producer liability, etc., can be clearly understood by emphasis on ideas concerning the interconnect- edness of property rights, incentives, and economic behavior, in relation to the marketplace and other social settings.
There has been a rapid expansion of the realm of public activities in order to regulate the external effects of consumer injury and environmental pollution beyond the reach of the market mechanisms so as to protect citizens' livelihoods. The rising social costs in various fields are not fully reflected into demand and supply, thus delaying the required institutional responses including the legal aspect. Today's legal system, evolved from modern civil law, has become increasingly incompatible with realities of contemporary society in terms of utilization of the environment, consumer transactions, and individuals' dealings with organizations.
The applicability of the current standard economic theory is now somewhat limited and modifications must be made to the conventional analytical framework if its approach is still to be able to provide fundamental insights into economic problems of production, exchange and consumption. To develop and construct a model of interactions between law and institutions and economy is essential for overcoming the one-sided nature of economic analysis.
The establishment of a specific right and the enforcement and exercise thereof after its implementation would bring forth new gains or injuries to other persons, might introduce new private and social costs, or give new incentives to people to change their behaviors. The same result would follow from the implementation of a new restriction on private rights. In other words, visible costs and benefits are not the only determinants of behaviors but the right thereto is also an important determinant. The distribution of private rights or restriction thereof leads to a different structure of benefits and losses through creation of a new system of rights. Thus, there appears a system of relations between rights and economic choices.1)
The assignment of different rights leads to different incentive systems and hence decides the choices that are open to individual decision makers in the socio-economic community. Recent topics concerning characteristics of non-Walrasian equilibrium, product failure and liability rules, insurance and risk-sharing, moral hazard and adverse selection, market signalling and self-selection, market and nonmarket controls, etc., are reviewed from the standpoint that emphasises the interrelations between institutional arrangements and economic behavior.
The focus of discussion is on the institutional environment in which economic activity motivated by self-interest takes place, and on the conditions for voiding conflicts among the economic solutions based on allocative and distributive criteria and judicial solutions based on legal equity objectives. It may be necessary to extend socio-economic systems to redesign the general rules of indemnity and risk-bearing so that they can bring about economic incentives for engaging in efficient and equitable behaviors.
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