K. William Kapp e Ronald H. Coase: un Tentativo di Riconciliazione

This work offers a reflection on some aspects of K. William Kapp’s theory along with a parallel re-examination of Ronald H. Coase’s contribution. Kapp’s thou- ght – that can be traced back to the Institutionalism – is revisited and interpre- ted as a precursor contribution to the more recent approach known as econo- mic analysis of the law. Following the institutional approach, Kapp rejects the neoclassical paradigm, and more precisely the assumption of a closed econo- mic system able to assure market clearing outcomes. By conveniently reconci- ling Kapp’s theory with the more orthodox Coasean approach our aim is to widen the range of instruments at disposal of the law and economics literature. Sections 1 and 2 provide a short survey on Kapp’s theoretical approach. Section 3 proposes a critical comparison between Kapp’s results and those of Coase. In section 4 we try to lessen the differences between the authors focusing on some neglected analogies. By this parallel re-examination we derive meaningful results – based on Kapp’s concept of interdependency – that make available useful operational means for the economic analysis of the law, in general, and the comparative institutional analysis, in particular. Last section is devoted to our conclusions.