John R. Commons’s Legal Economic Theory

Gonce, R. A.

doi:10.1080/00213624.1971.11502988

Cited by 22 publications

(6 citation statements)

References 12 publications

(2 reference statements)

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“…The mining law also ratified the informal claim and patent system that had been in effect in the mining districts for two decades. Commons’ observation about the common law – that it ‘comes up from economic and sociological conditions, not down from authority’ (Gonce 1971, 86, original emphasis) – seems generalizable to statutory law in the present case. By enacting the 1872 statute, Congress artificially selected the ‘customs of the dominant portion of the people at the time’ (Commons 1934, 94) 2…”

Section: The Mining Lawmentioning

confidence: 66%

Economy as instituted process: the case of hard rock mining in the United States

Brown

2017

Journal of Institutional Economics

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I examine the origin and development of institutions that assign and enforce rights to hard rock minerals located on federal lands in the United States. Hard rock mining gives a prime example of the ‘artificial selection’ of settled customs or working rules by jurists and legislators. The evolving structure of the industry, conditioned by technological and market factors, produced a parallel shift in the locus and control of sovereignty. In the early days sovereignty vested in the mining clubs. The enlarging scale and complexity of mining catalysed a change in both the uses and location of sovereignty. With the transition from prospecting to large-scale industrial mining, the ‘right to use’ mineral deposits obtained through patents became contingent on the cooperation of labour. At this stage, the capture of the state's monopoly on legitimate violence to protect the right to use became a crucial dimension of property. Mining companies have also enjoyed liberties with respect to the externalization of environmental costs. The emergent structure of rights, duties, capacities and exposures was instrumental in bringing forth a quantum increase in the mining of hard rock minerals necessary for industrial expansion. There is, however, an urgent need for reform of the mineral patent system.

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Section: The Mining Lawmentioning

confidence: 66%

Economy as instituted process: the case of hard rock mining in the United States

Brown

2017

Journal of Institutional Economics

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“…Other members of the Institutional School, for instance, John R. Commons (1862Commons ( -1945, laid more emphasis on the critical role of law in the economy. To Commons, the task of Institutional Economics should be "to coordinate the theories of law and economics" [56]. He saw economic transactions as social processes that involve conflicts -and disputes and solutions at the mercy of culture [57].…”

Section: Culture In Economicsmentioning

confidence: 99%

Culture in Economics

Karimzadi¹

2019

aeb

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It is a self-evident fact that there cannot be a human society without culture. The necessity of culture to humans is imperative. Culture in its most basic sense fulfills and harnesses the obligations of communal cohabitation. Equally imperative is the fact that culture is not an ad hoc construction of any one individual. What is manifestly obvious is that culture is a reality. On this matter, we can draw a definite conclusion. Humans by their nature are social animals and therefore the survival of human beings, by necessity, will depend on living in groups. Leading a completely secluded life is not sustainable. From their very origin, people have lived in various forms of society. In turn, human society is a whole -composed of many interconnected parts. But what is the bond that joins the various parts into one united whole? In this paper, it will be argued that the biosphere of any society is culture. That is the all-inclusive common denominator and invisible glue that interlinks all the parts as the whole. From this perspective culture is dispensable and its function is more profound, organic and dynamic than perceived in economics. The paper examines how different schools of thought in economics view culture in light of the aforementioned standpoint.

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“…Property in general consists of stocks of physical things owned exclusively for an individual. Gonce (1971) also notes that Commons concept of the state is where state built to protect private ownership. Commons using the term "Rationing Transaction" to talk about wealth distribution.…”

Section: John Commons Role Of Statementioning

confidence: 99%

“…Commons also argues that the state should not let free competition determined the equilibrium outcome in the market. Commons explains that free competition is creating wastefulness, low ethical standard, low wages, dan-gerous working condition and monopoly (Gonce, 1971). Commons also notes that the government should not own a state-owned firm if it not needed since government mostly enacts the regulation and policies.…”

Section: John Commons Role Of Statementioning

confidence: 99%

Role of State and Welfare State: From Commons, Keynes to Esping-Andersen

Nugroho

2018

jesp

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The welfare state system is a popular economic system nowadays. At least more than fifteen countries have the characteristics of a welfare state economic system with their respective character and features. Esping-Andersen divided the welfare system classification into three major groups, namely the conservative welfare state, socio-democratic welfare state, and liberal welfare state. This article attempts to link the idea and foundation of a welfare state system is two utmost significant economists, John Maynard Keynes and John Roger Commons. Based on history of economic thought, Keynes's thought about the system of welfare states can be seen and traced in the liberal welfare state system on Esping-Andersen classification. On the other hand, traces of Commons' thought can be seen in the socio-democratic state welfare system. Therefore, both Keynes and Commons can be categorized as the founding fathers of the welfare state system. Since their thought about the role of the state is the foundation of welfare state system, long before the United Kingdom began implementing the modern welfare state system in the 1980s. In addition, this study also attempts to undertake comparative analysis of economic systems and present the empirical data on the performance of welfare countries based Esping-Andersen classification in three categories: economic performance, quality & health performance, and level of accumulation of human resources. It is hoped that with the facts presented here there will be further discussion regarding the welfare state system.

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John R. Commons’s Legal Economic Theory

Cited by 22 publications

References 12 publications

Economy as instituted process: the case of hard rock mining in the United States

Economy as instituted process: the case of hard rock mining in the United States

Culture in Economics

Role of State and Welfare State: From Commons, Keynes to Esping-Andersen

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