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Author: Schäfer, Hans-Bernd
Publisher: Edward Elgar Publishing
Published: 2022-01-25
Total Pages: 648
ISBN-13: 0857935070
DOWNLOAD EBOOKThis comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.
Author: Hans-Bernd Schäfer
Publisher:
Published: 2022-03-28
Total Pages: 648
ISBN-13: 9780857935144
DOWNLOAD EBOOKThis comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory. Key features include: Examples and cases that illustrate central concepts of the economic analysis of law in relation to civil law doctrines Examination of the core areas of civil law: tort law, contract law, property law, intellectual property law as well as basic problems of insolvency law and corporate law In-depth analysis of the legal rules of statutory law and judge-made law, demonstrating the extent to which these rules are either based on economic criteria or run parallel to them - and the extent to which such criteria facilitate the application and further development of law. This substantially revised second edition presents the latest insights into legal economic research, including important empirical and behavioural deliberations. It will be a valuable guide for advanced undergraduate and postgraduate students of law and economics.
Author: Bruno Deffains
Publisher: Routledge
Published: 2003-07-17
Total Pages: 254
ISBN-13: 1135697078
DOWNLOAD EBOOKThe aim of the book is to highlight the law and economics issues confronting civil law countries.
Author: Francisco Cabrillo
Publisher: Edward Elgar Publishing
Published: 2008-01-01
Total Pages: 283
ISBN-13: 1848442742
DOWNLOAD EBOOKDissatisfaction with the working of courts is ubiquitous. Legal inertia and maladministration are the norm in many countries and have significant social and economic repercussions. No longer a theme relegated to the peripheries of economic analysis, the administration of justice is now recognised by most economists as being of fundamental importance for economic development, a factor increasingly being acknowledged by policymakers at all levels. The departure point for this book is the authors belief in the need for a systematic analysis of the incentive structures facing key players in the courts and litigation process. They focus not only on structures pertaining to the common law tradition, but offer analysis of issues not normally found in the North-American literature, such as the Latin notary and the selection and values of judges in civil law systems. They further propose an ample list of considerations for a reform agenda. Offering a comprehensive look at the incentives facing many key players in the administration of justice, this book should be of great interest to law and economics scholars, civil law professors, legal reformers, international development institutions and law students mindful of the need to improve the functioning of courts.
Author: Mark Tuil
Publisher: Edward Elgar Publishing
Published: 2010-01-01
Total Pages: 221
ISBN-13: 1849808961
DOWNLOAD EBOOKThis unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments - including cost shifting, fee arrangements, legal expense insurance and group litigation. The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.
Author: Klaus Mathis
Publisher: Springer Science & Business Media
Published: 2013-11-11
Total Pages: 408
ISBN-13: 940077110X
DOWNLOAD EBOOKThis anthology illustrates how law and economics is developing in Europe and what opportunities and problems – both in general and specific legal fields – are associated with this approach within the legal traditions of European countries. The first part illuminates the differences in the development and reception of the economic analysis of law in the American Common Law system and in the continental European Civil Law system. The second part focuses on the different ways of thinking of lawyers and economists, which clash in economic analysis of law. The third part is devoted to legal transplants, which often accompany the reception of law and economics from the United States. Finally, the fourth part focuses on the role economic analysis plays in the law of the European Union. This anthology with its 14 essays from young European legal scholars is an important milestone in establishing a European law and economics culture and tradition.
Author: Guido Calabresi
Publisher: Yale University Press
Published: 2016-01-28
Total Pages: 248
ISBN-13: 0300216262
DOWNLOAD EBOOKIn a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Author: Nicoletta Bersier
Publisher: Springer Nature
Published: 2022-01-01
Total Pages: 194
ISBN-13: 3030877183
DOWNLOAD EBOOKThis book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.
Author: Daniel P. Kessler
Publisher: University of Chicago Press
Published: 2011-02
Total Pages: 344
ISBN-13: 0226432181
DOWNLOAD EBOOKThe efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Author: Antony W. Dnes
Publisher: Edward Elgar Publishing
Published: 2020-04-24
Total Pages: 224
ISBN-13: 1788977742
DOWNLOAD EBOOKTeaching Essentials of Law and Economics provides an up to date and succinct account of the application of economic analysis to legal doctrines, institutions and legal reform.
