Toboso, F. European Journal of Law and Economics, vol. 2, 1 1995, pp. 63-84 EXPLAINING THE PROCESS OF CHANGE TAKING PLACE IN LEGAL RULES AND SOCIAL NORMS: The cases of institutional economics and new institutional economics Fernando Toboso (*) Department of Applied Economics University of Valencia Av. Tarongers s/n, 46022 Valencia, Spain Fax: 96-3828415 E-mail:
[email protected] ABSTRACT This paper deals with the phenomenon of institutional change and it has been conceived as an attempt to answer the following question: Can we retain the image of institutional change contained in a theory when we replace a methodological foundation upon which the theory was built by a different and alternative one? . For an answer to be developed, special attention is paid to the contributions made by institutional economists (IE) and to those others by transaction cost-new institutional economists (NIE). The question clearly shows that it is rather a paper on applied methodology than a survey on institutional change contributions. Because of that, its main purpose is not to increase our knowledge about the characteristics of real changes in legal rules and social norms, their causes, their processes, nor their effects, though several examples are given of those institutionalist and new institutionalist contributions that analyze those changes. Our purpose consists of investigating the way in which these two groups of economists approach the object of analysis already mentioned. Our conclusion will be that institutionalist and new institutionalist contributions are built upon two different and mutually exclusive approaches because their respective methods of analysis (holism versus methodological individualism) are different and, above all, because they build their respective analyses upon some concepts that are mutually exclusive (concepts showing power/non-voluntary influences versus concepts showing voluntary transactions).