Institutional Competition between Common Law and Civil Law

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Author :
Publisher : Springer
ISBN 13 : 3642546609
Total Pages : 490 pages
Book Rating : 4.6/5 (425 download)

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Book Synopsis Institutional Competition between Common Law and Civil Law by : Michèle Schmiegelow

Download or read book Institutional Competition between Common Law and Civil Law written by Michèle Schmiegelow and published by Springer. This book was released on 2014-05-27 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1848442904
Total Pages : 191 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Law, Informal Rules and Economic Performance by : Svetozar Pejovich

Download or read book Law, Informal Rules and Economic Performance written by Svetozar Pejovich and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1782547916
Total Pages : 561 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Law and Economics for Civil Law Systems by : Ejan Mackaay

Download or read book Law and Economics for Civil Law Systems written by Ejan Mackaay and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ejan Mackaay offers a comprehensive look at the essential points of economic reasoning, the Coase Theorem, and legal institutions such as intellectual property, extra-contractual civil liability and contracts. The books structure mirrors the way law is taught in civil law countries, with structured presentations, references to civil code articles paired with non-technical explanations, and limited reliance on graphs. This English-language version builds on the success of the authors 2008 French-language textbook on law and economics from a civil law perspective.

Law and Economics in Civil Law Countries

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Author :
Publisher : Routledge
ISBN 13 : 1135697086
Total Pages : 261 pages
Book Rating : 4.1/5 (356 download)

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Book Synopsis Law and Economics in Civil Law Countries by : Bruno Deffains

Download or read book Law and Economics in Civil Law Countries written by Bruno Deffains and published by Routledge. This book was released on 2003-07-17 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of the book is to highlight the law and economics issues confronting civil law countries.

Regulation Versus Litigation

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Publisher : University of Chicago Press
ISBN 13 : 0226432181
Total Pages : 344 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Regulation Versus Litigation by : Daniel P. Kessler

Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Business Law and Economics for Civil Law Systems

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788118286
Total Pages : 392 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Business Law and Economics for Civil Law Systems by : Rousseau, StŽphane

Download or read book Business Law and Economics for Civil Law Systems written by Rousseau, StŽphane and published by Edward Elgar Publishing. This book was released on 2021-11-19 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Evolution of a Nation

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Author :
Publisher : Princeton University Press
ISBN 13 : 0691136041
Total Pages : 248 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis The Evolution of a Nation by : Daniel Berkowitz

Download or read book The Evolution of a Nation written by Daniel Berkowitz and published by Princeton University Press. This book was released on 2012 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book also examines the effects of early legal systems.

The Case for an International Court of Civil Justice

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Author :
Publisher :
ISBN 13 : 1107162858
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Case for an International Court of Civil Justice by : Maya Steinitz

Download or read book The Case for an International Court of Civil Justice written by Maya Steinitz and published by . This book was released on 2019 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.

Equity and Law

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Publisher : Cambridge University Press
ISBN 13 : 1108421318
Total Pages : 483 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Equity and Law by : John C. P. Goldberg

Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Business Law and Economics for Civil Law Systems

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781788118279
Total Pages : 416 pages
Book Rating : 4.1/5 (182 download)

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Book Synopsis Business Law and Economics for Civil Law Systems by : Stéphane Rousseau

Download or read book Business Law and Economics for Civil Law Systems written by Stéphane Rousseau and published by Edward Elgar Publishing. This book was released on 2021-11-11 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The New Institutional Economics

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Author :
Publisher : Mohr Siebeck
ISBN 13 : 9783161457647
Total Pages : 394 pages
Book Rating : 4.4/5 (576 download)

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Book Synopsis The New Institutional Economics by : Eirik Grundtvig Furubotn

Download or read book The New Institutional Economics written by Eirik Grundtvig Furubotn and published by Mohr Siebeck. This book was released on 1991 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Genius of the Common Law

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Publisher :
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Genius of the Common Law by : Frederick Pollock

Download or read book The Genius of the Common Law written by Frederick Pollock and published by . This book was released on 1912 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Finance

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Author :
Publisher : World Bank Publications
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4./5 ( download)

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Book Synopsis Law and Finance by : Thorsten Beck

Download or read book Law and Finance written by Thorsten Beck and published by World Bank Publications. This book was released on 2002 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: New research suggests that cross-country differences in legal origin help explain differences in financial development. This paper empirically assesses two theories of why legal origin influences financial development. First, the political' channel stresses that (i) legal traditions differ in the priority they give to the rights of individual investors vis- ...-vis the state and (ii) this has repercussions for the development of property rights and financial markets. Second, the adaptability' channel holds that (i) legal traditions differ in their ability to adjust to changing commercial circumstances and (ii) legal systems that adapt quickly to minimize the gap between the contracting needs of the economy and the legal system's capabilities will foster financial development more effectively than would more rigid legal traditions. We use historical comparisons and cross-country regressions to assess the validity of these two channels. We find that legal origin matters for financial development because legal traditions differ in their ability to adapt efficiently to evolving economic conditions.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

A Concise History of the Common Law

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Author :
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771372
Total Pages : 828 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett

Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Law & Capitalism

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Publisher : University of Chicago Press
ISBN 13 : 0226525295
Total Pages : 281 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Law & Capitalism by : Curtis J. Milhaupt

Download or read book Law & Capitalism written by Curtis J. Milhaupt and published by University of Chicago Press. This book was released on 2008-09-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.

The Law-growth Nexus

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Author :
Publisher :
ISBN 13 :
Total Pages : 342 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis The Law-growth Nexus by : Kenneth W. Dam

Download or read book The Law-growth Nexus written by Kenneth W. Dam and published by . This book was released on 2006 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume goes beyond regression results to examine the underlying mechanisms through which the law, the judiciary, and the legal profession influence the economy.