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The book links the study of comparative law with the study of law and economics
Contemporary law and economics has greatly expanded its scope of inquiry as well as its sphere of influence. By focussing specifically on a comparative approach, this Handbook offers new insights for developing current law and economics research. It also provides stimuli for further research, exploring the idea that the comparative method offers a valuable way to enrich law and economics scholarship. With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements. This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.
The book is a short introduction to comparative law and economics, a growing field in the interaction between law, economics and comparative political science. It is a guide to economists, lawyers and political scientists looking for a brief overview. It includes both strands of the traditional literature, namely the role of legal families and microeconomic analysis of legal rules in a comparative perspective. The study of courts at the global level is complemented by comparative judicial politics.
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
The aim of this book is to explore the economic fundamentals of European competition law.
Comparative law and economics is an interdisciplinary research field in which differences among legal systems are analyzed from an economic point of view. The papers in this path-breaking collection illustrate those differences, describe their economic effects and discover which legal rules or systems are optimal from an economic viewpoint. The volume brings together twenty important contributions on property law, contract law, tort law, corporate law, intellectual property law, litigation law and the legal system, and shows how economics can enrich the study of comparative law.
"One of the most discussed questions in social science of the last decade is to what extent differences in economic development among countries can be explained by differing law and institutions. According to the 'legal origins'-thesis, the answer is clear: it claims that differences in economic performance are to a large extent dependent on whether a country belongs to the civil law or common law family. Others have severely criticised this thesis. This volume takes stock of the debate and offers an integrated approach that not only takes into account the insights of economics, but also of comparative law and empirics"--Page 4 of cover.
"Each of the chapters was presented at a conference in the spring of 1995, sponsored by Duquesne University and George Mason University"--Pref.
Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.
The aim of the book is to highlight the law and economics issues confronting civil law countries.