Towards Contributions of Legal Scholarship and Economics to the Theory of Institutions


  • Dušan Tříska Vysoká škola CEVRO, Department of Economics



Social rule, institution, preference, constraints, maximization, obligation and its condition


Elsewhere, the author dealt with know-how transfers to and from legal scholarship and economics. In the present article, he seeks to confront the two disciplines with a theory of institutions. Given that the key word institution is by and large associated with that of a social rule, his objective is to disclose it within the usual parlance of the Lawyer and the Economist. Expectedly, the Lawyer’s concept of a legal norm is directly interpreted as nothing more or less than a specific type of social rule. By far less obvious is then the author’s search for social rules inside the toolkit of economics. The author concludes that the Lawyer should propose to the Institutionalist to assign to every social rule (formal or informal) its Designer and Executor. Similarly, the Economist can suggest seeing the Designer as a decision-maker who, in the sense of textbook economics, selects an optimal social rule sr* from a set of variant social rules sr1, sr2, sr3, …, srN. Hence, the author also suggests how the natural language of social scholarship could be replaced with more formal vehicles of communication.


Buchanan, J. M. (1966). Is Economics the Science of Choice? In What Should Economists Do? (pp. 39-54). Liberty Fund.

Bush, P. D. (1987). The Theory of Institutional Change. Journal of Economic Issues, 21(3), 1075-1116.

Hurwicz, L. (2007, December 8). But who will guard the guardians? Nobel Memorial Lecture.

Jupille, J., & Caporaso, J. A. (2022). Theories of Institutions. Cambridge University Press.

Lawson, T. (1997). Economics and Reality. Routledge.

North, D. C. (1990). Institutions, Institutional Change and Economic Performance. Cambridge University Press.

North, D. (1993, December 9). Economic Performance through Time. Nobel Prize Lecture.

Ostrom, E. (2009, December 8). Beyond Markets and States: Polycentric Governance of Complex Economic Systems. Nobel Prize Lecture.

Posner, R. A. (1993). What Do Judges and Justices Maximize-(The Same Thing Everybody Else Does). Supreme Court Economic Review, 3, 1-41.

Tříska, D. (2017). Social Choice and Behavior: The Nature of Their Design and Management. Wolters Kluwer ČR.

Triska, D. (2021). Towards the Constribution of Economics to the Development of its Scientific Neighbors. The case of a legal scholarship. International Journal of Economic Sciences, 10(2), 141-155.



Dec. 30, 2023




How to Cite

Tříska, D. (2023). Towards Contributions of Legal Scholarship and Economics to the Theory of Institutions. New Perspectives on Political Economy, 19(1-2), 56-70.