the most prominent economic analyst of law is 1991 nobel prize winner ronald coase, whose first major article, "the nature of the firm" (1937), argued that the reason for the existence of firms (companies, partnerships, etc.) is the existence of transaction costs. rational individuals trade through bilateral contracts on open markets until the costs of transactions mean that using corporations to produce things is more cost-effective. his second major article, "the problem of social cost" (1960), argued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes. coase used the example of a nuisance case named "sturges v bridgman", where a noisy sweetmaker and a quiet doctor were neighbours and went to court to see who should have to move. coase said that regardless of whether the judge ruled that the sweetmaker had to stop using his machinery, or that the doctor had to put up with it, they could strike a mutually beneficial bargain about who moves that reaches the same outcome of resource distribution. only the existence of transaction costs may prevent this. so the law ought to pre-empt what "would" happen, and be guided by the most efficient solution. the idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe. coase and others like him wanted a change of approach, to put the burden of proof for positive effects on a government that was intervening in the market, by analysing the costs of action.