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Showing 10 of 247,241 papers
Quantum Economics, Newtonian Economics, and Law

Just as Newtonian mechanics breaks down when we look at the constituent pieces of our universe—subatomic particles—neoclassical economics breaks down when we look at the constituent pieces of our society—individual people. At the scale of subatomic particles, quantum mechanics provides new foundations for understanding the physical world; at the scale of individual decisionmaking, behavioral economics promises new foundations for understanding the social, economic, and legal worlds. As this Article explains, this analogy between Newtonian and quantum physics, on the one hand, and neoclassical and behavioral economics, on the other hand, has much to reveal about law and economics. With the help of numerous examples of key finding in behavioral law and economics, I take three principles from quantum mechanics (the uncertainty principle, the correspondence principle, and the quantum principle) and show how analogous principles in economics help illuminate the future trajectory of law and economics. I then seek to accelerate this trajectory by proposing an agenda for strengthening behavioral law and economics through a stronger grounding in theory, and specifically a “quantum” theory of decisionmaking. Along the way, the analysis leads me to challenge some common misconceptions about law and economics: behavioral and neoclassical approaches to law and economics are not rivals, but partners; simplistic and artificial assumptions about human behavior remain a problem in law and economics, but most acutely in behavioral law and economics; and the notion that neoclassical economics promotes a deregulatory agenda and behavioral economics promotes a pro-regulatory agenda is, as often as not, exactly backwards.

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Environmental Economics and Ecological Economics

The Random Samples item about a new Ph.D. program in ecological economics at Rensselaer Polytechnic Institute (“EcoPioneering at RPI”, 16 May, p. 1037) could leave readers with the mistaken impression that “conventionally trained economists” shun all environmental issues. Ph.D.-level courses in environmental economics thrive at dozens of institutions [check the listings of graduate programs courtesy of the Association of Environmental and Resource Economists (AERE) at ]. Since the field evolved from the older disciplines of land economics and agricultural economics, the natural home for these Ph.D. programs at many institutions is a department of agricultural and resource economics. At an institution such as the University of California at Los Angeles, however, with no “ag econ” department, we offer a Ph.D. field in environmental and resource economics within the ”conventional” Department of Economics. The Random Sample item states that “in addition to standard courses, the new program has at its core three new ones: environmental economics … natural-resource economics … and ecological economics.” The descriptions of the first two courses are entirely standard, and they are taught widely. The third course tends to be interdisciplinary, and is a poorer fit for most economics programs because the subject matter is less amenable to rigorous modeling and empirical verification. It is no more and no less an orphaned subject than any other interdisciplinary endeavor. Economists are trained to focus on matters of fact (how people and firms make choices, and therefore how these choices might be influenced by available policy measures). What they “fiercely resist” is the temptation to make value judgments regarding the choices that people ought to make. Economic analysis, ideally, is dispassionate. Economists do not consider it their prerogative to make policy, only to carefully and throughly inform the policy process. Some aspects of ecological economics do not fit this mold. There is a prevalent misconception that an economist is no more than a cost accountant—the corporate bean counter who tells management that it is too expensive to take measures to protect the environment, a professional naysayer, and “environmental enemy number 1.” The 800 or more members of AERE would likely disagree.

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