Law and Ordering of Market and Society in the Post-"Structural Reform" Era-A New Legal System for Liberty and Communality-

点击翻译按钮获取中文摘要

Our investigation has led to the following proposals :(1) substantive reforms in competition law, consumer law, business association law and securities regulations based on the finding that in ordering of the market it is preferable to assist market participants to make autonomous decisions and to police the process of ordering itself than to intervene directly to improve welfare ;(2) reconstructive reforms in labor legislation and social legislation based on the finding that close attention should be paid to conflicting and complementary relations between individual independence and solidarity ; and(3) structural reforms in coordinating criminal sanctions and civil penalties based on the finding that criminal sanctions have its immanent limits in enforcing regulatory programs that can be overcome by wider and prudent use of civil penalties. These proposals, properly coordinated, shall be integrated into a model for law in the Post-"Structural Reform" Era