The Future in Law and Finance

The Future in Law and Finance

Alessio Pacces

Series number :

Serial Number: 
217/2013

Date posted :

April 01 2013

Last revised :

June 27 2013
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Keywords

  • uncertainty • 
  • Keynes • 
  • financial crisis • 
  • banking • 
  • Minsky • 
  • liquidity • 
  • haircuts • 
  • lender of last resort • 
  • Basel 3 • 
  • Banking Union • 
  • Corporate governance • 
  • short-termism • 
  • private benefits of control
The success of a capitalist economy rests upon the ability of finance to sustain potentially infinite growth, based on funding today the output of tomorrow. Finance, however, needs rules. The aim of the law and finance scholarship is precisely to identify the best regulation of finance to support economic growth. Traditionally, law and finance is concerned with investor protection.
That would be enough if the future was predictable. However, because the future is in fact uncertain, the prices of financial assets are flawed and in the short run they may result in serious mistakes, if not widespread crises. Although these mistakes are corrected in the long run, a lot of harm may occur in between. Financial law should therefore to be concerned not only with investor protection, but also with mitigating the temporary excesses of markets in allowing or restricting access to finance. The challenge of this goal is to remedy market myopia without allowing policymakers to abuse the power of governments. However imperfect, prices remain the best instrument of discipline and growth in a market economy.

Authors

Research Member
Rotterdam Institute of Law and Economics, Erasmus School of Law, Erasmus University Rotterdam