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传统的契约定义强调法律和承诺,现实中人们总是力图避免打官司,首先通过私下解决,法律机制总是人们求助的最后手段。麦克尼尔认为,一切契约必须在社会关系中才有实质意义,每一个契约必然是关系契约。规则型治理的成本随交易规模扩张时不断下降,而关系型治理的成本则相反,因此,关系型治理最终将让位于规则型治理。
Traditional contractual definitions emphasize laws and promises. In reality, people always seek to avoid litigation, first through private solutions, and legal mechanisms are always the last resort for people to seek help. McNeil believes that all contracts must have substantive meaning in social relations, and each contract must be a contractual relationship. The cost of rule-based governance declines as the size of the transaction expands, whereas the cost of relationship-based governance is the opposite. Therefore, relationship-based governance will eventually give way to rule-based governance.