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The Economic Analysis Of Civil Law
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Book Synopsis The Economic Analysis of Civil Law by : Schäfer, Hans-Bernd
Download or read book The Economic Analysis of Civil Law written by Schäfer, Hans-Bernd and published by Edward Elgar Publishing. This book was released on 2022-01-25 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Economic Analysis of Civil Law by : Hans-Bernd Schäfer
Download or read book Economic Analysis of Civil Law written by Hans-Bernd Schäfer and published by Edward Elgar Publishing. This book was released on 2004 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 254 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.
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.
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.
Book Synopsis Foundations of Economic Analysis of Law by : Steven Shavell
Download or read book Foundations of Economic Analysis of Law written by Steven Shavell and published by Harvard University Press. This book was released on 2009-07-01 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
Book Synopsis The Economics of Courts and Litigation by : Francisco Cabrillo
Download or read book The Economics of Courts and Litigation written by Francisco Cabrillo and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Economic Analysis of Law by : Louis Kaplow
Download or read book Economic Analysis of Law written by Louis Kaplow and published by . This book was released on 1999 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Surveys tort, property, and contract law, focusing on the works of economists in these areas.
Book Synopsis Law and Economics in Europe by : Klaus Mathis
Download or read book Law and Economics in Europe written by Klaus Mathis and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis New Trends in Financing Civil Litigation in Europe by : Mark Tuil
Download or read book New Trends in Financing Civil Litigation in Europe written by Mark Tuil and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Appeal of Civil Law by : Wayne V. McIntosh
Download or read book The Appeal of Civil Law written by Wayne V. McIntosh and published by . This book was released on 1990 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 2016-08-23 with total page 0 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.
Book Synopsis Economic Foundations of Law second edition by : Stephen J. Spurr
Download or read book Economic Foundations of Law second edition written by Stephen J. Spurr and published by Routledge. This book was released on 2010-06-24 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic Foundations of Law (2nd ed.) provides an economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation and labor law. In line with current trends in legal scholarship, discussion is focused on economic principles such as risk aversion, efficiency, opportunity cost, moral hazard, rent-seeking behaviour and economies of scale. Accessible, comprehensive and well written, this book uses extensive practical examples and explanations to illustrate key points. There are numerous applications to lawyers and the legal profession, with detailed discussions of subjects as diverse as the proposed market for transplantable human organs, the market for adoptions, the market for bail bonds, the unanticipated effects of Megan’s law, and issues of racial profiling. Fully updated and revised, a new chapter on labor law has also been included.
Book Synopsis Economic Analysis of Law by : Richard A. Posner
Download or read book Economic Analysis of Law written by Richard A. Posner and published by Aspen Publishing. This book was released on 2014-01-08 with total page 1717 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.
Book Synopsis Law and Economics by : Alain Marciano
Download or read book Law and Economics written by Alain Marciano and published by Routledge. This book was released on 2013-09-13 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Economic Analysis of Property Law Cases by : Boudewijn R. A. Bouckaert
Download or read book Economic Analysis of Property Law Cases written by Boudewijn R. A. Bouckaert and published by Routledge. This book was released on 2020-03-02 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The discipline of law and economics has earned a reputation for developing plausible and empirically testable theories on the social functions and the impact of legal institutions. Property rights are a field in which this has been very successful. In this book, economic property rights theories are applied to case law in order to examine the practice and solution of real life conflicts. The author examines the economic problems which are dealt with in these cases and evaluate the courts’ decisions from an economic angle. Cases are examined from across the UK, the US, Germany, Belgium and Canada to allow international comparisons to be made. These comparisons reveal that, regardless of the legal system, many legal issues have similar economic roots and therefore similar models of economic analysis can be applied. The analysis of these cases also shows that the discipline of law and economics is not only successful in developing explanatory models but also useful to generate better considerations and solutions for legal conflicts in individual cases. This book aims to bridge the gap between the academic and professional literature and demonstrate the benefits of the economic analysis of property rights cases to all those who are interested in law and economics.
