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Legal Origins And The Efficiency Dilemma
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Book Synopsis Legal Origins and the Efficiency Dilemma by : Nuno Garoupa
Download or read book Legal Origins and the Efficiency Dilemma written by Nuno Garoupa and published by Taylor & Francis. This book was released on 2016-12-08 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inherent flaws of the legal origins in researching the field of corporate law: the taxonomy of countries -- Inherent flaws of the legal origins in researching the field of corporate law: coding errors -- The inherent dangers of the persisting influence of legal origins theory on the international level -- The US and EU: legal origins and individual institutes in US and EU corporate laws -- Bibliography -- Index
Book Synopsis Legal Origins and the Efficiency Dilemma by : Nuno Garoupa
Download or read book Legal Origins and the Efficiency Dilemma written by Nuno Garoupa and published by Routledge. This book was released on 2016-12-08 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner’s 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.
Book Synopsis Convergence and Divergence of Private Law in Asia by : Gary Low
Download or read book Convergence and Divergence of Private Law in Asia written by Gary Low and published by Cambridge University Press. This book was released on 2022-02-24 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been an increasing need for greater integration of many Asian economies, either within the confines of ASEAN or on a more geo-economically strategic scale including major Asian jurisdictions like China, Japan, and Korea. A number of key personalities within the regional legal fraternity have advanced views that such integration ought to occur through the harmonization of legal rules, arguing that in doing so, uncertainty and other transaction costs would be reduced and commercial confidence within the region concomitantly increased. This edited volume brings together eminent and promising scholars and practitioners to investigate what convergence and divergence means in their respective fields and for Asia. Interwoven in the details of each tale of convergence is whether and how convergence ought to take place, and in so choosing, what are the attendant consequences for that choice.
Book Synopsis Handbook of Energy Law in the Low-Carbon Transition by : Giuseppe Bellantuono
Download or read book Handbook of Energy Law in the Low-Carbon Transition written by Giuseppe Bellantuono and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-05-22 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.
Download or read book Comparative Law written by Mathias Siems and published by Law in Context. This book was released on 2018-04-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Book Synopsis Failures of American Methods of Lawmaking in Historical and Comparative Perspectives by : James Maxeiner
Download or read book Failures of American Methods of Lawmaking in Historical and Comparative Perspectives written by James Maxeiner and published by . This book was released on 2018-03-08 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: What Americans sought -- What Americans got : deranged laws -- What Americans can do : improve legal methods.
Book Synopsis The Oxford Handbook of Comparative Administrative Law by : Peter Cane
Download or read book The Oxford Handbook of Comparative Administrative Law written by Peter Cane and published by Oxford University Press, USA. This book was released on 2021-01-17 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
Book Synopsis Hybrid Constitutionalism by : Eric C. Ip
Download or read book Hybrid Constitutionalism written by Eric C. Ip and published by Cambridge University Press. This book was released on 2019-04-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.
Book Synopsis Shareholder Primacy and Global Business by : Lela Mélon
Download or read book Shareholder Primacy and Global Business written by Lela Mélon and published by Routledge. This book was released on 2019-03-13 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of growing public interest in sustainability, Corporate Social Responsibility (CSR) has not brought about the expected improvement in terms of sustainable business. Self-regulation has been unable to provide appropriate answers for unsustainable business frameworks, despite empirical proof that sustainable behaviour is entirely in corporate enlightened self-interest. The lack of success of the soft law approach suggests that hard law regulation may be needed after all. This book discusses these options, alongside the issue of shareholder primacy and its externalities in corporate, social, and natural environment. To escape the "prisoner’s dilemma" European corporations and their global counterparts have found themselves in, help is needed in the form of EU hard law to advocate sustainability through mandatory rules. This book argues that the necessity of these laws is based on the first-mover’s advantage of such corporate law approach towards sustainable development. In the current EU law environment, where codification of corporate law is sought for, forming and defining a general EU policy could not only help corporations embrace this self-enlightened behaviour but could also build the necessary "EU corporate citizenship" atmosphere. Considering the developments in the field of CSR as attempts to mitigate negative externalities resulting from inappropriate shareholder primacy use, the book is centred around a discussion of the shareholder primacy paradigm, its legal position and its (un)suitability for modern global business. Going beyond solely legal analysis, juxtaposing legal principles and argumentation with economic theoretic approaches and, more importantly, real-life examples, this book is accessible to both professionals and academics working within the fields of business, economics, corporate governance and corporate law.
Download or read book Comparative Legal Metrics written by and published by BRILL. This book was released on 2023-08-28 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.
Book Synopsis The Consumer Welfare Hypothesis in Law and Economics by : Fabrizio Esposito
Download or read book The Consumer Welfare Hypothesis in Law and Economics written by Fabrizio Esposito and published by Edward Elgar Publishing. This book was released on 2022-11-18 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Consumer Welfare Hypothesis in Law and Economics is a compelling account of market relations with firm roots in economic theory and legal practice. This incisive book challenges the mainstream view that allocative efficiency is about total welfare maximisation. Instead, it argues for the consumer welfare hypothesis, in which allocating resources efficiently means maximising consumer welfare, and demonstrates that legal structures such as antitrust and consumer law are in reality designed and practised with this goal in mind.
Book Synopsis Law and Economics as Interdisciplinary Exchange by : Péter Cserne
Download or read book Law and Economics as Interdisciplinary Exchange written by Péter Cserne and published by Routledge. This book was released on 2019-09-09 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Economics is an established field of research and arguably one of the few examples of a successful interdisciplinary project. This book explores whether, or to what extent, that interdisciplinarity has indeed been a success. It provides insights on the foundations and methods, achievements and challenges of Law and Economics, at a time when both the continuing criticism of academic economics and the growth of empirical legal studies raise questions about the identity and possible further developments of the project. Through a combination of reflections on long-term trends and detailed case studies, contributors to this volume analyse the institutional and epistemic character of Law and Economics, which develops through an exchange of concepts, models and practices between economics and legal scholarship. Inspired by insights from the philosophy of the social sciences, the book shows how concepts travel between legal scholarship and economics and change meanings when applied elsewhere, how economic theories and models inform, and transform, judicial practice, and it addresses whether the transfers of knowledge between economics and law are symmetrical exchanges between the two disciplines.
Book Synopsis Conceptualising Procedural Fairness in EU Competition Law by : Haukur Logi Karlsson
Download or read book Conceptualising Procedural Fairness in EU Competition Law written by Haukur Logi Karlsson and published by Bloomsbury Publishing. This book was released on 2020-09-17 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: What constitutes a fair procedure when it comes to EU competition law? This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. The author argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed: - the KME–Chalkor cases; - the Groupe Gascogne cases; - the regulatory question about using a collective redress mechanism for private enforcement of EU competition law. This unique approach provides a robust philosophical and methodological foundation for arguing about a wide range of procedural fairness dilemmas. The book is a must-read for academics and practitioners seeking an imaginative perspective on the philosophical foundations of arguments about procedural fairness in EU competition law and beyond.
Book Synopsis The River Pollution Dilemma in Victorian England by : Dr Leslie Rosenthal
Download or read book The River Pollution Dilemma in Victorian England written by Dr Leslie Rosenthal and published by Ashgate Publishing, Ltd.. This book was released on 2014-04-28 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nineteenth-century Britain witnessed a dramatic increase in its town population, as a hitherto largely rural economy transformed itself into an urban one. Though the political and social issues arising from these events are well-known, little is known about how the British legal process coped with the everyday strains that emerged from the unprecedented scale of these changes. This book explores the river pollution dilemma faced by the British courts during the second half of the nineteenth century when the legal process had to confront the new incompatible realities arising from the increasing amounts of untreatable waste flowing into the rivers. This dilemma struck at the heart of both Victorian urban and rural society, as the necessary sanitary reformation of the swelling cities and expanding industry increasingly poisoned the rivers, threatening the countryside and agricultural rents and livelihoods. Focusing on ten legal disputes, the book investigates the dilemma that faced the courts; namely how to protect the traditional and valued rights of landholders whose rivers and lands were being polluted by industrial waste and untreated sewage, whilst not hindering the progress of sanitary reform and economic progress in the towns. The case studies considered involve major industrialising centres, such as Birmingham, Leeds, Northampton, Wolverhampton and Barnsley, but also include smaller towns such as Tunbridge Wells, Leamington Spa and Harrogate. The fundamental issues raised remain as important today as they did in Victorian times. The need for the courts to balance a variety of conflicting needs and rights within the limits of contemporary technological capabilities often played out in surprising ways, with outcomes not always in line with theoretical expectations. As such the historical context of the disputes provide fascinating insights into nineteenth-century legal process, and the environmental and social attitudes of the times.
Book Synopsis The Bill of Rights and American Legal History: Criminal procedure (4 v.) by : Paul L. Murphy
Download or read book The Bill of Rights and American Legal History: Criminal procedure (4 v.) written by Paul L. Murphy and published by . This book was released on 1990 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Origins of Law and Economics by : Francesco Parisi
Download or read book The Origins of Law and Economics written by Francesco Parisi and published by Edward Elgar Publishing. This book was released on 2005 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: An intellectual history of law and economics : 1793-2003 / Charles K. Rowley -- Methodological debates in law and economics : the changing contours of a discipline / Francesco Parisi -- The fire of truth : a remembrance of law and economics at Chicago, 1932-1970 / edited by Edmund W. Kitch -- The economic way of looking at behavior / Gary S. Becker -- Cost, choice, and catallaxy : an evaluation of two related but divergent Virginia paradigms / James M. Buchanan -- The pointlessness of Pareto : carrying Coase further / Guido Calabresi -- The relevance of transaction costs in the economic analysis of law / Ronald H. Coase -- The confluence of justice and efficiency in the economic analysis of law / Robert D. Cooter -- Toward a theory of property rights II : the competition between private and collective ownership / Harold Demsetz -- The economist in spite of himself / Richard A. Epstein -- The art of law and economics : an autobiographical essay / William M. Landes -- How law and economics was marketed in a hostile world : a very personal history / Henry G. Manne -- The law and economics movement : from Bentham to Becker / Richard A. Posner -- The rise of law and economics : a memoir of the early years / George L. Priest -- Why was the common law efficient? / Paul H. Rubin -- Law versus morality as regulators of conduct / Steven Shavell -- Journeys across the divides / Michael J. Trebilcock -- The case against the common law / Gordon Tullock -- Why law, economics, and organization? / Oliver E. Williamson.
Book Synopsis The Bill of Rights and American Legal History: Free speech (4 v.) by : Paul L. Murphy
Download or read book The Bill of Rights and American Legal History: Free speech (4 v.) written by Paul L. Murphy and published by . This book was released on 1990 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:
