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13<br />

THE RULES OF THE GAME AND THE DEVELOPMENT OF<br />

SECURITY MARKETS<br />

Franco Modigliani and Enrico Perotti<br />

Introduction<br />

Rationales for economic legislation<br />

An important contribution <strong>of</strong> economic theory has been the elaboration <strong>of</strong> a normative<br />

theory <strong>of</strong> economic policy. While positive economic theory explores the<br />

implications <strong>of</strong> individually rational behavior, normative economic analysis concerns<br />

desirable allocations from a social point <strong>of</strong> view, with the purpose <strong>of</strong> defining<br />

principles to guide economic policy. 1<br />

A well-recognized purpose <strong>of</strong> economic legislation is to limit market failure,<br />

or at least to attenuate its consequences. Macroeconomic policy and microeconomic<br />

regulation are instruments to correct circumstances in which uncoordinated<br />

private agents fail to achieve efficient out<strong>com</strong>es through market transactions.<br />

Examples are the containment <strong>of</strong> monopoly power and the regulation <strong>of</strong> externalities;<br />

the residual risk function <strong>of</strong> certain institutions, such as the lender <strong>of</strong> last<br />

resort; or finally, macroeconomic stabilization policy in the face <strong>of</strong> monetary disturbances<br />

or excessive wage rigidity.<br />

Equally important, the legal rule absolves also the primary purpose <strong>of</strong> facilitating<br />

private arrangements by <strong>of</strong>fering an impartial enforcement mechanism.<br />

This ensures that individuals can bind themselves contractually to efficient<br />

actions, so that all potential gains from trade are realized.<br />

The former function has been dubbed the Hobbes Principle, referring to<br />

Hobbes’ mistrust <strong>of</strong> the capacity <strong>of</strong> individuals to behave cooperatively in the<br />

absence <strong>of</strong> coercion; and the latter the Coase Principle, concerning the opposite<br />

belief that private bargaining, in the absence <strong>of</strong> transaction costs, can achieve efficient<br />

allocations (Cootner and Ulen, 1988). 2<br />

Reprinted from Pacific-Basin Capital Markets Research 2 (1991), 49–63, with permission from<br />

Elsevier Science.

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