Paper's abstract

Marie-Anne Frison-Roche, The Various Natures of Economic Public Order
Referring to the power balance between Law and Economy, economic public order has various natures. First public order "keeper of the markets" must be distinguished from public order "promoter of the markets" and public order "architect of the markets". By going from one to the other, the political, not to say sovereign, dimension of economic public order develops. Second, public order of the "constitution of the markets" must be distinguished from public order setting "tolls to the markets". For it is through the rules of public order that Law inside the markets watches over them, build them or conceives them. However a primal economic order more radical is building "tolls to the markets" to prevent objects of desire, natural objects of exchange, from becoming by this mere fact market' objects. This highly political economic public order quells the impetus of desire. If this point is not granted, because this very nature gives concrete expression to the pretense constituted by economic public order, then Law would only be the efficiency agent for Economy, lending efficiency to a mere market society of individual desires.

Key Words : economy, market, regulation
t. 58, 2015 : p. 105-128

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