The objective of economic law is to address the logistics of production and distribution. Within each political and economic system, there are different and particular legal infrastructures to regulate production and distribution. These economic systems entail different philosophical and logical underpinnings when it comes to implementing the laws that govern the production of goods and services, distribution of wealth, the responsibilities of different stakeholders/key actors in the economy as well as the ownership of wealth and resources. Examples of political and economic systems include the market system (
capitalism), the command system (
socialism) and
traditional systems.
Capitalism – the market economic system There are varying forms and varying definitions/types of capitalism. Depending on the type of capitalism, the economic laws that govern that particular system have different levels of restrictions for the state, market and property owners. Characteristics of capitalism include the private ownership of property and the intention of production being the sales of the produced goods and services into the market. With regards to the role of the government, the primary responsibility of the state is to ensure there is an effective infrastructure for businesses to conduct in a free market society, where private ownership is key. Based on the involvement of the government and the state's perception of the role of its government, capitalist systems can be further differentiated into
Varieties of Capitalism. The two forms of capitalist economic systems include liberal market economies (LMEs) and coordinated market economies (CMEs). LMEs entail a system of economic laws that leans towards the notion of a free market. This involves laws regulating economic activity favouring minimal government intervention of a business's competitive landscape. Such characteristics mean that laws governing a LME consist of deregulated policies that prioritise privatisation, antitrust laws that prevent monopolies, collusions and encourage competition as well as tax incentives that encourage businesses to re-invest and generate more profits. CMEs place less emphasis on the market and competition as laws that tend to govern their economic outcomes prioritise the collaboration between various stakeholders. This is evident in the existence of "deliberative institutions'' that serve to promote information sharing amongst firms.
Socialism – the command system Socialism is a philosophy that asserts political and economic systems should entail public ownership of the means of production. The underpinnings of socialism opposes private ownership and champions collective/social ownership. This often entails state ownership (a form of public ownership), with the rationale being that states act in the interest of the public and distribute resources in an equitable nature. == Business ==