TECHNOLOGY

Loengud Tallinna Tehnikaülikoolis Lectures at University of Technology

Registreeru / Please register at [email protected] / Sütiste tee 21

Eesti keeles: Õigusaktide majanduslik analüüs Inglise keeles: Law & Economics Analysis in Public Administration Professor Dr. Wolfgang Drechsler 2 AP, for credit, Sütiste 21-142

Description & Purpose: Texts: Law & Economics (L&E), most simply speaking, Core readings (all on Moodle): refers to the economic analysis of the law, or – the Backhaus, J.G. (2002:1999), ed. The Elgar other side of the coin – to the study of the influence Companion to Law and Economics. Cheltenham – of the law on economic matters. In the post-World Northampton, MA: Edward Elgar. Particularly the War II version of Law & Economics, this insight is introduction and chapters 1 and 23. gained via the use of specific contemporary meth- Coase, R.H. (1988). The Firm, the Market, and the ods of economic analysis. For the purpose of this Law. Chicago – London: University of Chicago seminar, the first aspect of L&E is taken to be a Press. 8th repr. 2000. Estonian translation: (2003) form of legal realism, i.e. as the concern with what Firma, Turg ja Õigus. Tallinn: Pegasus. Chapters 1, effects a law, statute, regulation, or just decision 5, and 6. really has, rather than with what effects it is sup- Drechsler, W. (2003). „Plato’s Nomoi as the Basis posed to have or addresses. The L&E analysis is par- of Law & Economics.“ In Plato’s Laws: From ticularly suited for PA cases because of its “objec- Theory Into Practice. Samuel Scolnicov and Luc tivizing” function, its way to abstract from a prob- Brisson, eds. International Plato Studies, vol. 15. lem in a helpful way, and its predictive value, which St. Augustin: Academia, 2003, pp. 215-220. means that it is a perfect tool to apply before a law Stigler, George J. (1992). „Law or Economics?“ or ordinance is passed or put into effect or a deci- Journal of Law and Economics, vol. 35(2) sion made. Because of this, to be able to analyze a (October), pp. 455-468. PA case in such a way is a key qualification for any Supplemental Readings: PA practitioner or scholar. Drechsler, W. (2001). „On the Viability of the In this seminar, we will thus apply Law & Concept of Staatswissenschaften“, European Economics analysis to specific PA problems. We Journal of Law and Economics 12 (2) will move from discussing the theoretical back- (September), pp. 105-111. ground (including L&E as a form of realism and Drechsler, W. (2000a). „Etienne Laspeyres‘ the explanation why L&E does not have to – and, History of the Economic Thought of the indeed, should not – use neo-classical economic Netherlanders: A Law & Economics Classic?“, tools) to the principles of how to do this to actu- European Journal of Law and Economics, vol. 10, ally analyzing concrete PA phenomena (with an no. 3 (November), pp. 235-242. emphasis on the concrete Estonian situation). Drechsler, W. (2000c). „On the Possibility of This will be done in the form of a block seminar Quantitative-Mathematical , Chiefly that will be conducted as a workshop, with par- Economics: Some Preliminary Considerations“, ticpants presenting a case, which will then be Journal of Economic Studies, vol. 27 (2000), no.s analyzed on the basis of L&E. 4/5, pp. 246-259.

Schedule: Examination: All students are expected to write (2-3 pages) and 10/2 Mon 16-18 1 be prepared to deliver a policy case study during 10/3 Tue 16-18 2 Lectures the workshop. This can be anything between a 10/4 Wed 16-18 3 budget decision, a contract, a law draft, an ordi- 10/5 Thu nance, an EU project, anything going before court, or anything political as well. If they have current 10/6 Fri or earlier civil service experience, a case from their Work on papers 10/7 Sat own realm will be optimal. They should present 10/8 Sun either an open or a solved problem and suggest an 10/9 Mon L&E analysis; they should be familiar with all the 10/10 Tue 18-20 4 Lectures facts and data around it. How to do this will be explained in the session on 4th October; these 10/11 Wed 16-18 5 cases must then be written between 5th and 9th Paper presentations 10/12 Thu October and must be e-mailed to 10/13 Fri 12-14 6 [email protected] and [email protected] before 9th October noon. On 10th October, it will be announced when exactly the which of the papers will be presented, and those presentations will be discussed 11th and 13th October. The writ- ten outline, and in case of presentations the pres- entation as well, will determine the grade.