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<p>Commons occupies a special position in institutionalism for his commitment to understanding the legal embedding of American capitalism and the relationship between the legal and economic orders. The article analyzes Commons’ approach to law and characterizes his levels of analysis. Commons, notably in “Legal Foundations of Capitalism”, read certain legal writings from which he drew lessons for his own analysis, in a double movement of influence and appropriation. He drew on Hohfeld’s juridical matrix and some of his critics to develop his own theory of transactions.</p>

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The use of legal theory in John R. Commons’ transactional analysis

  • 期刊论文

  • 发表日期：

    2026年3月15日

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  • Thierry Kirat

摘要

Commons occupies a special position in institutionalism for his commitment to understanding the legal embedding of American capitalism and the relationship between the legal and economic orders. The article analyzes Commons’ approach to law and characterizes his levels of analysis. Commons, notably in “Legal Foundations of Capitalism”, read certain legal writings from which he drew lessons for his own analysis, in a double movement of influence and appropriation. He drew on Hohfeld’s juridical matrix and some of his critics to develop his own theory of transactions.