Journal of East China Normal University (Philosoph ›› 2011, Vol. 43 ›› Issue (1): 70-76.

• 法学研究 • Previous Articles     Next Articles

Economic Analysis of Evolution of Liabilities for Damage

WANG Yi1 & HUANG Yong-feng 2

  

  1. 1. Editorial Department of Hainan University; 2.Law School of Hainan University, Haikou, 570228, China
  • Received:1900-01-01 Revised:1900-01-01 Online:2011-01-25 Published:2011-01-25
  • Contact: WANG Yi & HUANG Yong-feng

Abstract: Ownership of the right to revenge is the most important constraint faced by people when society is to choose the form of liability for harm. The evolution of liabilities accompanies the confirmation of the right to revenge, which facilitates the exchange between perpetrators and victims. The shift from private relief to public relief reflects a transformation to different arrangements in contract for exchange and to different efficiency. Therefore, from the perspective of economic analysis, liabilities are mechanisms adopted to effectuate the exchange between harm and punishment, which takes the right to revenge as the subject matter; the evolution of liabilities in essence equals the development of exchange of the right to revenge.

Key words: liability for damage, right to revenge, exchange, contract, efficiency