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Author : Mackaay, Ejan
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 46,9 Mb
Release : 2021-11-18
Category : Law
ISBN : 9781788118262
This second edition of Law and Economics for Civil Law Systems substantially updates a unique work that presents the core ideas of law and economics for audiences primarily familiar with civil law systems.
Author : Bruno Deffains,Thierry Kirat
Publisher : Routledge
Page : 254 pages
File Size : 44,5 Mb
Release : 2003-07-17
Category : Business & Economics
ISBN : 9781135697075
The aim of the book is to highlight the law and economics issues confronting civil law countries.
Author : Rousseau, StŽphane,Mackaay, Ejan,Larouche, Pierre,Parent, Alain
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 43,6 Mb
Release : 2021-11-19
Category : Law
ISBN : 9781788118286
Business Law and Economics for Civil Law Systems highlights the relevance of economic analysis of business law from a civilian perspective. It integrates a comparative approach (common law and civil law) to economic analysis using tools and illustrations to assist in conducting critical economic analysis of rules in the field of business law. This book is a valuable contribution to the reflection on the place and meaning of value creation and accountability as goals for business law. It will be of great value to academics interested in business law, competition law, comparative law and legal theory, students studying law, business and economics, and to policy makers and regulators.
Author : Schäfer, Hans-Bernd,Ott, Claus
Publisher : Edward Elgar Publishing
Page : 648 pages
File Size : 50,7 Mb
Release : 2022-01-25
Category : Law
ISBN : 9780857935076
This 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 : Boudewijn Bouckaert,Gerrit de Geest
Publisher : Unknown
Page : 0 pages
File Size : 45,9 Mb
Release : 2000
Category : Law and economics
ISBN : LCCN:99038062
Author : Stéphane Rousseau,Ejan Mackaay,Pierre Larouche,Alain Parent
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 50,6 Mb
Release : 2021-11-11
Category : Electronic
ISBN : 1788118278
Business Law and Economics for Civil Law Systems underscores the relevance of economic analysis of business law from a civilian perspective. It integrates a comparative approach (common law and civil law) to economic analysis using tools and illustrations to assist in conducting critical economic analysis of rules in the field of business law. This book is a valuable contribution to the reflection on the place and meaning of value creation and accountability as goals for business law. It provides a richer understanding of key legal institutions supporting the rule of law and democratic, market-based economies. It will be of great value to academics interested in business law, competition law, comparative law and legal theory, students studying law, business and economics, and to policy makers and regulators.
Author : Klaus Mathis
Publisher : Springer Science & Business Media
Page : 408 pages
File Size : 49,6 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789400771109
This 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 : Francisco Cabrillo,Sean Fitzpatrick
Publisher : Edward Elgar Publishing
Page : 283 pages
File Size : 48,8 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781848442740
Dissatisfaction 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 : Nadia E. Nedzel
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 49,7 Mb
Release : 2020-08-28
Category : Law
ISBN : 9781789900736
Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences between the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The author shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance.
Author : Alain Marciano
Publisher : Routledge
Page : 630 pages
File Size : 41,6 Mb
Release : 2013-09-13
Category : Business & Economics
ISBN : 9781134720255
This book brings together the most authoritative articles on Law and Economics and the interaction between the two disciplines as well as the use of economic tools to analyse legal problems. Aimed at students experiencing the subject for the first time, the selections are interlaced with a wealth of features including explanatory introductions and exercises. Key features of the reader include: - The accessibility of the material: the articles should be understandable to those with only a limited background in economics and law. - The book’s focus on the most important and basic – foundational – issues in law and economics. - An exposition of the opposition between the different legal systems that exist in the world including common law, civil law and public law. - Debates viewed from the perspective of the scholars from a range of backgrounds are presented as well as all the key figures in economics and in law. The book should prove to be an essential resource to all students studying this burgeoning field and represents an exciting introduction to one of the key disciplines which has grown up in the social sciences in recent times.
Author : Michèle Schmiegelow,Henrik Schmiegelow
Publisher : Springer
Page : 490 pages
File Size : 52,8 Mb
Release : 2014-05-27
Category : Law
ISBN : 9783642546600
This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law. These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.
Author : Hans-Bernd Schäfer,Claus Ott
Publisher : Edward Elgar Publishing
Page : 492 pages
File Size : 54,6 Mb
Release : 2004
Category : Civil law
ISBN : STANFORD:36105063233865
This comprehensive and established book - first published in German - explains the new approach of law and economics to civil law. Written by two of Europe's leading scholars in the field, it provides a thorough yet accessible economic analysis of tort law, contract law and property law, with particular emphasis placed on legal cases and doctrines from civil law. The authors first review the basic concepts of both normative and positive economics and their links to institutional economics. They move on to develop the economic rationales of tort law and examine the different concepts involved. They also investigate contracts, especially sales contracts, quasi contracts, and pre-contractual duties which play a prominent role in civil law countries. Finally, they provide a comprehensive overview of the economic functions and legal forms of property law. Throughout, the authors analyse and evaluate the complexities of civil law using economic theory, and clearly demonstrate that the legal forms found in civil law frequently serve the purpose of increasing a nation's wealth. This outstanding volume is the first law and economics textbook that concentrates on civil law. It integrates legal doctrines with economic reasoning, and lucidly explains the concepts involved. It requires no prior knowledge of either economics or law and will undoubtedly become the requisite textbook in the field for all students of law, law and economics and business administration. It will also be of great value to academics and practitioners interested in an overview of this area.
Author : Ugo Mattei
Publisher : University of Michigan Press
Page : 290 pages
File Size : 40,6 Mb
Release : 1997
Category : Business & Economics
ISBN : 0472066498
The book links the study of comparative law with the study of law and economics
Author : Zagros Madjd-Sadjadi
Publisher : Business Expert Press
Page : 210 pages
File Size : 49,6 Mb
Release : 2015-11-20
Category : Business & Economics
ISBN : 9781606495858
Law is supposed to encourage innovation, morality, and conformity with societal expectations, yet it may provides perverse incentives causing individuals, or even the State, to act in discordant, inefficient, and even immoral ways. This book will explore the inefficiencies that are created that serve to deny individuals work and shelter in a haphazard and capricious manner. The author examines property rights, including eminent domain, that lets the State take property away with seemingly arbitrary compensation to the owner. Individuals must understand both civil law, codified by statutes, and common law, enshrined in precedential judicial decisions. This book is written for economists and non-economists and has an extensive glossary of economic, political and legal terms. Two items that are not formally treated in other economics of law textbooks are the legal organization of businesses and tax law from an economics perspective.
Author : Mark Tuil,Louis Visscher
Publisher : Edward Elgar Publishing
Page : 221 pages
File Size : 41,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849808965
This 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.