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David Ellerman - Putting Jurisprudence Back Into Economics: What is Really Wrong With Todays Neoclassical Theory

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David Ellerman Putting Jurisprudence Back Into Economics: What is Really Wrong With Todays Neoclassical Theory
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This book presents an integrated jurisprudential critique of neoclassical microeconomic theory. It explains what is really wrong with the theory both descriptively, as well as normatively. The criticism presented is based on questions of jurisprudence, and on neoclassical theorys sins of omission and commission concerning the underlying system of property and contract. On the positive side - while the presentation is almost entirely non-mathematical - the book contains the first mathematical treatment of the fundamental theorem about property and contract in jurisprudence that underlies a market economy.The book follows the tradition of John Stuart Mill as the last major political economist who considered the study of property rights as an integral part of economic theory. The conceptual criticisms presented in this book focus on the descriptive and normative misconceptions about property and contracts that are deeply embedded ideology in neoclassical economics, not to mention in the broader society. The book recognizes that the idealized microeconomic theory is not descriptive of reality and focuses its criticism on conceptual mistakes in the theory, which are even clearer due to the idealized nature of the theory. Therefore, the book is a must-read for scholars, researchers, and students interested in a better understanding of jurisprudence in economics, neoclassical microeconomic theory, and political economy in general.

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Book cover of Putting Jurisprudence Back Into Economics David Ellerman - photo 1
Book cover of Putting Jurisprudence Back Into Economics
David Ellerman
Putting Jurisprudence Back Into Economics
What is Really Wrong With Todays Neoclassical Theory
1st ed. 2021
Logo of the publisher David Ellerman Faculty of Social Sciences University - photo 2
Logo of the publisher
David Ellerman
Faculty of Social Sciences, University of Ljubljana, Ljubljana, Slovenia
ISBN 978-3-030-76095-3 e-ISBN 978-3-030-76096-0
https://doi.org/10.1007/978-3-030-76096-0
The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

This Springer imprint is published by the registered company Springer Nature Switzerland AG

The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

To Warren Samuels

And, of course, to Vlasta

About the Book

For over a century, the basic jurisprudence of the system of property and contract that underlies the market has been squeezed out ofor incorporated only in metaphorical terms inneoclassical economic theory. Neoclassical microeconomic theory is not only the basis for the high prestige of neoclassical theory, but it also provides a sophisticated ideological defense for the current economic system based on the hiring, renting, employing, or leasing of persons, the employment system. Most critiques of neoclassical microeconomic theory, orthodox or heterodox, conservative or progressive, also ignore the underlying jurisprudence and are instead based on criticizing the theory as being abstract and idealized, not descriptive of economic realities. For instance, neoclassical microeconomic theory focuses on the perfectly competitive model when the reality falls far short of that model. Such empirical criticism is not our purpose here. Our purpose is to spell out what is really wrong with the theory both descriptively (i.e. conceptual, not empirical, mistakes) and normatively. The criticism is based on questions of normative and positive jurisprudence and on neoclassical theorys sins of omission and commission concerning the underlying system of property and contract, not the system of market prices.

Contents
The Author(s), under exclusive license to Springer Nature Switzerland AG 2021
D. Ellerman Putting Jurisprudence Back Into Economics https://doi.org/10.1007/978-3-030-76096-0_1
1. Introduction to the Jurisprudence of Property and Contract
David Ellerman
(1)
Faculty of Social Sciences, University of Ljubljana, Ljubljana, Slovenia
Abstract

This chapter treats (informally) the sins of omission and commission about property rights and contracts in neoclassical microeconomic theory. The analysis is developed at both the descriptive and normative levels, and then the Fundamental Theory of Property Theory connects the two levels. That theorem is the property theoretic counterpart of the price theoretic theorem that a competitive equilibrium, under certain assumptions, is Pareto optimal. The property theoretic version states that when the market mechanism operates with no property externalities (no thefts or conversions of property) and no breaches of contracts, then the appropriation of newly created assets and liabilities by market participants (producers and consumers) satisfies the juridical principle of imputation of legal responsibility in accordance with factual responsibility .

1.1 Introduction

The purpose of this book is to present an integrated jurisprudential critique of neoclassical economic theory. In terms of the division between micro- and macro-economic theory, it is the microeconomic theory that is unified, that has the greatest scientific prestige, and also provides the most scientific ideological foundation for the current economic system. Separating the science from the ideology is part of our task.

The word theory is important. Almost all the orthodox or heterodox critiques of neoclassical economics are based on pointing out the rather obvious, if not completely trite, fact that the idealized microeconomic theories are not descriptive of realityso our purpose is not to reiterate that refrain. Our purpose is also not to point out whats wrong in [macro] economics after the crisis of 20072008 (Skidelsky ). In contrast, our purpose is to point out what is really wrong with todays neoclassical microeconomic theoryhereafter referred to as just neoclassical theory. On the descriptive side, our focus is on conceptual mistakes in the theory, which are even clearer due to the idealized nature of the theory.

By far the most philosophically sophisticated and thorough defender of the standard theory was Frank H. Knight , and he emphasized the conceptual nature of the perfectly competitive model, and criticized the confusion of taking it as a description of actual behavior.

Economic theory is not a descriptive, or an explanatory, science of reality. Within wide limits, it can be said that historical changes do not affect economic theory at all. It deals with ideal concepts which are probably as universal for rational thought as those of ordinary geometry. (Knight , p. 277)

The fact that description of ideal behaviour in part explains actual behaviour operates as a source of confusion; the notion that economics is a science explanatory of actual behaviour is the most important single confusion in the methodology of the science. (Ibid., p. 279)

Now the most sophisticated model of competitive equilibrium is the Arrow-Debreu model (Arrow and Debreu ), so we have a chapter devoted to show how it conceptually fails to model even the idealized competitive private property market economy.

Roughly speaking, neoclassical economics is part ideology and part social science (including much applied mathematics of constrained optimization). It is almost a tautology that a good part of any social science is devoted to fundamentally justify an idealized form of the social system in which it is embeddedas well as to offer some searching and heartfelt criticisms of how the actual system does not live up to the idealized version. Our focus is conceptual criticism of the

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