University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 5-29-2018 Regulation and the Marginalist Revolution Herbert J. Hovenkamp University of Pennsylvania Carey Law School Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Antitrust and Trade Regulation Commons, Courts Commons, Economic History Commons, Growth and Development Commons, Industrial Organization Commons, Inequality and Stratification Commons, Intellectual Property Law Commons, Law and Economics Commons, Public History Commons, and the Technology and Innovation Commons Repository Citation Hovenkamp, Herbert J., "Regulation and the Marginalist Revolution" (2018). Faculty Scholarship at Penn Law. 1984. https://scholarship.law.upenn.edu/faculty_scholarship/1984 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact
[email protected]. Hovenkamp Marginalism and Regulation June 2018, Page 1 REGULATION AND THE MARGINALIST REVOLUTION Herbert Hovenkamp* PRELIMINARY DRAFT: PLEASE CONSULT AUTHOR BEFORE CITING Abstract The marginalist revolution in economics became the foundation for the modern regulatory State with its “mixed” economy. Marginalism, whose development defines the boundary between classical political economy and neoclassical economics, completely overturned economists’ theory of value. It developed in the late nineteenth century in England, the Continent and the United States. For the classical political economists, value was a function of past averages. One good example is the wage-fund theory, which saw the optimal rate of wages as a function of the firm’s ability to save from previous profits.