@article{ART002621178},
author={Bang,Jung-Mi},
title={Law and Economics as the Methodology of Administrative Law - Review on the Distribution Industry Development Act through the Coase Theorem -},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2020},
number={88},
pages={149-178},
doi={10.31839/DALR.2020.8.88.149}
TY - JOUR
AU - Bang,Jung-Mi
TI - Law and Economics as the Methodology of Administrative Law - Review on the Distribution Industry Development Act through the Coase Theorem -
JO - DONG-A LAW REVIEW
PY - 2020
VL - null
IS - 88
PB - The Institute for Legal Studies Dong-A University
SP - 149
EP - 178
SN - 1225-3405
AB - The administrative environment has been changing in a dynamic manner in the 21st century. Korean administrative legal science can no longer extensively rely on the traditional legal doctrine which is centered on interpreting existing legal texts. In order to sufficiently address the change, there needs to be more effort in analyzing the various administrative actions and embarking on interdisciplinary researches.
Ever since the publication of Ronald Coase's “The Problem of Social Cost” in 1960, the field of economic analysis of law has been expanding. While economics deals with the change in human behavior according to cost in general, an economic analysis of law is focused on the relationship between regulations and human behavior. If regulations can be designed in a way that alters individuals to act rationally, then society as a whole can benefit from such regulation scheme. Also economic theories and concepts can help explain why people react in a certain way to regulatory incentives. In essence, an economic analysis of law contributes in formulating objective rules in evaluating and analyzing regulatory policies.
In this article I discuss the meaning of regulations from the perspective of economic analysis of law, and review the Distribution Industry Development Act(hereinafter ‘Act’) by applying the Coase Theorem. Before delving into the specifics, several theories affiliated to the economic analysis of law are introduced in order to provide a theoretical background to the review of the Act. After assessing the theories in a normative manner, I examine how the theories can be applied in analyzing the Act.
KW - Methodology of Administrative Law;Law and Economics;Distribution Industry Development Act;Coase Theorem;Economic Analysis of Law
DO - 10.31839/DALR.2020.8.88.149
ER -
Bang,Jung-Mi. (2020). Law and Economics as the Methodology of Administrative Law - Review on the Distribution Industry Development Act through the Coase Theorem -. DONG-A LAW REVIEW, 88, 149-178.
Bang,Jung-Mi. 2020, "Law and Economics as the Methodology of Administrative Law - Review on the Distribution Industry Development Act through the Coase Theorem -", DONG-A LAW REVIEW, no.88, pp.149-178. Available from: doi:10.31839/DALR.2020.8.88.149
Bang,Jung-Mi "Law and Economics as the Methodology of Administrative Law - Review on the Distribution Industry Development Act through the Coase Theorem -" DONG-A LAW REVIEW 88 pp.149-178 (2020) : 149.
Bang,Jung-Mi. Law and Economics as the Methodology of Administrative Law - Review on the Distribution Industry Development Act through the Coase Theorem -. 2020; 88 : 149-178. Available from: doi:10.31839/DALR.2020.8.88.149
Bang,Jung-Mi. "Law and Economics as the Methodology of Administrative Law - Review on the Distribution Industry Development Act through the Coase Theorem -" DONG-A LAW REVIEW no.88(2020) : 149-178.doi: 10.31839/DALR.2020.8.88.149
Bang,Jung-Mi. Law and Economics as the Methodology of Administrative Law - Review on the Distribution Industry Development Act through the Coase Theorem -. DONG-A LAW REVIEW, 88, 149-178. doi: 10.31839/DALR.2020.8.88.149
Bang,Jung-Mi. Law and Economics as the Methodology of Administrative Law - Review on the Distribution Industry Development Act through the Coase Theorem -. DONG-A LAW REVIEW. 2020; 88 149-178. doi: 10.31839/DALR.2020.8.88.149
Bang,Jung-Mi. Law and Economics as the Methodology of Administrative Law - Review on the Distribution Industry Development Act through the Coase Theorem -. 2020; 88 : 149-178. Available from: doi:10.31839/DALR.2020.8.88.149
Bang,Jung-Mi. "Law and Economics as the Methodology of Administrative Law - Review on the Distribution Industry Development Act through the Coase Theorem -" DONG-A LAW REVIEW no.88(2020) : 149-178.doi: 10.31839/DALR.2020.8.88.149
