Institutional Competition Between Common Law And Civil Law

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Institutional Competition between Common Law and Civil Law

Michèle Schmiegelow,Henrik Schmiegelow
Institutional Competition between Common Law and Civil Law Book PDF

Author : Michèle Schmiegelow,Henrik Schmiegelow
Publisher : Springer
Page : 490 pages
File Size : 47,9 Mb
Release : 2014-05-27
Category : Law
ISBN : 9783642546600

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Institutional Competition between Common Law and Civil Law by Michèle Schmiegelow,Henrik Schmiegelow Pdf

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.

Law, Informal Rules and Economic Performance

Svetozar Pejovich,Enrico Colombatto
Law Informal Rules and Economic Performance Book PDF

Author : Svetozar Pejovich,Enrico Colombatto
Publisher : Edward Elgar Publishing
Page : 191 pages
File Size : 52,8 Mb
Release : 2010-01-01
Category : Business & Economics
ISBN : 9781848442900

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Law, Informal Rules and Economic Performance by Svetozar Pejovich,Enrico Colombatto Pdf

Almost everyone will gain something of value from reading this book. For those who work in the new institutional economics, Pejovich provides a thoughtful treatment of how common-law and civil-law systems affect personal freedoms and rule of law. The book s larger market, however, will comprise educated lay readers, who will gain a deeper appreciation of the foundations of capitalism in the developed world and of the dynamics of interrelated institutional and economic change. Lee J. Alston, The Independent Review . . . a well written, easily read book which casts light on many aspects of law and on questions which are or should be debated in our law schools. . . well laid out and presented. . . Its subject matter makes it essential reading for all those studying comparative law and of course law and economics and even for those studying legislation. It would be more than useful for those engaged in property law, the law of contract and administrative and public law. In other words it would be useful and challenging reading for just about all law teachers and students as well as practitioners who wish to think about the basics of what they are doing. Its easy combination of history, comparative technique, legal fundamentals and economics with no maths would even make it an excellent reader for LAWS 101. Bernard Robertson, New Zealand Law Journal Professor Pejovich has written an impressive lot on comparative economic systems, institutions, policies and broader social aspects of economic development. . . His long work in the field quite predictably made him able to present his views and findings in an ever clearer, more orderly and more profoundly argued way. . . This is one of the rare books in which the author is well aware of what he is talking about and makes sure that the same goes for his readers. Ljubomir Madzar Professor Pejovich has ranged expertly across such seemingly disparate areas as legal systems, culture, economics and public choice theory to give us a thoroughly convincing roadmap for a nation s economic success. The rule of law, enforcement of private contracts, private property rights and an independent judiciary are the basic building blocks. But the common law system, as compared to the civil law system emanating from the European continent, also gets a lot of the credit. This is an erudite, yet happily readable work that takes a lot of the mystery out of differential economic performance among nations. Henry G. Manne, George Mason University School of Law, US Written by one of the pioneers of modern property rights economics this book provides a most insightful, well readable and engaged discussion of the institutional foundations of the Western free enterprise system and the reason for its success, with a special emphasis on the differences between common law and civil law institutions. Readers will especially appreciate the many instructive examples and court cases that serve to illustrate the general argument. Viktor J. Vanberg, Universitaet Freiburg, Germany This is a must-read for anyone who wants to understand why Western capitalism has outperformed all other economic systems. Professor Pejovich explains how the institutions of capitalism, especially those based on common law, make for excellence, even in comparison with Western civil law countries. He presents a compelling theory of how systems evolve through the interactions of formal and informal institutions, an analysis that has deep significance for economic reform proposals throughout the world. John H. Moore, Grove City College, US There are many books on the virtues of capitalism and capitalism as a moral system. Steve Pejovich avoids that mistake. Capitalism, for him, is a system based on human behavior. It survives because it meets the needs that individuals face and provides opportunities that individuals are able to accept. Unlike the utopian visions that have competed against capitalism, it does not impose the vision of a

Law and Economics for Civil Law Systems

Mackaay, Ejan
Law and Economics for Civil Law Systems Book PDF

Author : Mackaay, Ejan
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 55,9 Mb
Release : 2021-11-18
Category : Law
ISBN : 9781788118262

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Law and Economics for Civil Law Systems by Mackaay, Ejan Pdf

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.

Law and Economics in Civil Law Countries

Bruno Deffains,Thierry Kirat
Law and Economics in Civil Law Countries Book PDF

Author : Bruno Deffains,Thierry Kirat
Publisher : Routledge
Page : 261 pages
File Size : 45,7 Mb
Release : 2003-07-17
Category : Business & Economics
ISBN : 9781135697082

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Law and Economics in Civil Law Countries by Bruno Deffains,Thierry Kirat Pdf

The aim of the book is to highlight the law and economics issues confronting civil law countries.

Law and Economics

Alain Marciano
Law and Economics Book PDF

Author : Alain Marciano
Publisher : Routledge
Page : 630 pages
File Size : 51,5 Mb
Release : 2013-09-13
Category : Business & Economics
ISBN : 9781134720255

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Law and Economics by Alain Marciano Pdf

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.

Business Law and Economics for Civil Law Systems

Rousseau, StŽphane,Mackaay, Ejan,Larouche, Pierre,Parent, Alain
Business Law and Economics for Civil Law Systems Book PDF

Author : Rousseau, StŽphane,Mackaay, Ejan,Larouche, Pierre,Parent, Alain
Publisher : Edward Elgar Publishing
Page : 392 pages
File Size : 46,6 Mb
Release : 2021-11-19
Category : Law
ISBN : 9781788118286

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Business Law and Economics for Civil Law Systems by Rousseau, StŽphane,Mackaay, Ejan,Larouche, Pierre,Parent, Alain Pdf

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.

The Case for an International Court of Civil Justice

Maya Steinitz
The Case for an International Court of Civil Justice Book PDF

Author : Maya Steinitz
Publisher : Unknown
Page : 257 pages
File Size : 42,6 Mb
Release : 2019
Category : Law
ISBN : 9781107162853

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The Case for an International Court of Civil Justice by Maya Steinitz Pdf

An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.

Regulation Versus Litigation

Daniel P. Kessler
Regulation Versus Litigation Book PDF

Author : Daniel P. Kessler
Publisher : University of Chicago Press
Page : 344 pages
File Size : 40,8 Mb
Release : 2011-02
Category : Business & Economics
ISBN : 9780226432182

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Regulation Versus Litigation by Daniel P. Kessler Pdf

The 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.

Equity and Law

John C. P. Goldberg,Henry E. Smith,P. G. Turner
Equity and Law Book PDF

Author : John C. P. Goldberg,Henry E. Smith,P. G. Turner
Publisher : Cambridge University Press
Page : 483 pages
File Size : 45,8 Mb
Release : 2019-08
Category : Law
ISBN : 9781108421317

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Equity and Law by John C. P. Goldberg,Henry E. Smith,P. G. Turner Pdf

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

Colonial Adventures: Commercial Law and Practice in the Making

Anonim
Colonial Adventures Commercial Law and Practice in the Making Book PDF

Author : Anonim
Publisher : BRILL
Page : 452 pages
File Size : 46,7 Mb
Release : 2020-11-04
Category : History
ISBN : 9789004443075

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Colonial Adventures: Commercial Law and Practice in the Making by Anonim Pdf

Colonial Adventures:Commercial Law and Practice in the Making proposes a lung run exploration of the influence of colonisation and overseas trade on commercial law and the adaptation of transplanted law to colonial constraints in a comparative perspective.

Understanding Administrative Law in the Common Law World

Paul Daly
Understanding Administrative Law in the Common Law World Book PDF

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 50,7 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

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Understanding Administrative Law in the Common Law World by Paul Daly Pdf

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Handbook of New Institutional Economics

Claude Ménard,Mary M. Shirley
Handbook of New Institutional Economics Book PDF

Author : Claude Ménard,Mary M. Shirley
Publisher : Springer Science & Business Media
Page : 875 pages
File Size : 54,5 Mb
Release : 2008-06-27
Category : Business & Economics
ISBN : 9783540693055

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Handbook of New Institutional Economics by Claude Ménard,Mary M. Shirley Pdf

New Institutional Economics (NIE) has skyrocketed in scope and influence over the last three decades. This first Handbook of NIE provides a unique and timely overview of recent developments and broad orientations. Contributions analyse the domain and perspectives of NIE; sections on legal institutions, political institutions, transaction cost economics, governance, contracting, institutional change, and more capture NIE's interdisciplinary nature. This Handbook will be of interest to economists, political scientists, legal scholars, management specialists, sociologists, and others wishing to learn more about this important subject and gain insight into progress made by institutionalists from other disciplines. This compendium of analyses by some of the foremost NIE specialists, including Ronald Coase, Douglass North, Elinor Ostrom, and Oliver Williamson, gives students and new researchers an introduction to the topic and offers established scholars a reference book for their research.

The Genius of the Common Law

Frederick Pollock
The Genius of the Common Law Book PDF

Author : Frederick Pollock
Publisher : The Lawbook Exchange, Ltd.
Page : 150 pages
File Size : 48,9 Mb
Release : 2000
Category : Common law
ISBN : 9781584770435

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The Genius of the Common Law by Frederick Pollock Pdf

Pollock, Sir Frederick. The Genius of the Common Law. New York: The Columbia University Press, 1912. vii, 141 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-047160. ISBN 1-58477-043-0. Cloth. $60. * A collection of Sir Frederick Pollock's lectures from the Carpentier Series at Columbia University. Holdsworth praised the eight lectures as a discussion of "...critical studies of aspects and characteristics of the common law which only an accomplished legal historian, a master of the modern law, and a professor of jurisprudence could have written." Holdsworth, Some Makers of English Law 287. Marke, A Catalogue of the Law Collection of New York University (1953) 143.

Comparative Law

Mathias Siems
Comparative Law Book PDF

Author : Mathias Siems
Publisher : Law in Context
Page : 531 pages
File Size : 52,9 Mb
Release : 2018-04-12
Category : Law
ISBN : 9781107182417

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Comparative Law by Mathias Siems Pdf

The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.

Research Methods in Consumer Law

Hans-W. Micklitz,Anne-Lise Sibony,Fabrizio Esposito
Research Methods in Consumer Law Book PDF

Author : Hans-W. Micklitz,Anne-Lise Sibony,Fabrizio Esposito
Publisher : Edward Elgar Publishing
Page : 584 pages
File Size : 45,7 Mb
Release : 2024-06-28
Category : Consumer credit
ISBN : 9781785366611

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Research Methods in Consumer Law by Hans-W. Micklitz,Anne-Lise Sibony,Fabrizio Esposito Pdf

Consumer law is worthy of greater academic attention at a time when many new questions arise and old ones need new answers. This unique handbook takes the reader on a journey through existing literature, research questions and methods. It builds on the state of the art to offer a springboard for jumping to the heart of contemporary issues and equips researchers with a starter’s kit to weave together rich traditions, ranging from socio-economics to behavioural analysis.