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

Common Law and Civil Law Today - Convergence and Divergence

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Author :
Publisher : Vernon Press
ISBN 13 : 1622738071
Total Pages : 502 pages
Book Rating : 4.6/5 (227 download)

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Book Synopsis Common Law and Civil Law Today - Convergence and Divergence by : Marko Novakovic

Download or read book Common Law and Civil Law Today - Convergence and Divergence written by Marko Novakovic and published by Vernon Press. This book was released on 2019-05-09 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.

Regulation Versus Litigation

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Author :
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.

Law and Economics in Civil Law Countries

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Author :
Publisher : Routledge
ISBN 13 : 1135697078
Total Pages : 254 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 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.

The Economics of Courts and Litigation

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1848442742
Total Pages : 283 pages
Book Rating : 4.8/5 (484 download)

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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.

Law and Inflation

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Author :
Publisher : University of Pennsylvania Press
ISBN 13 : 0812278070
Total Pages : 491 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Law and Inflation by : Keith S. Rosenn

Download or read book Law and Inflation written by Keith S. Rosenn and published by University of Pennsylvania Press. This book was released on 1982-03 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inflation is an economic phenomenon that has profound implications for lawyers and jurists, because the great bulk of our laws and legal doctrines have been formulated on the assumption that the value of money remains relatively stable. Inasmuch as such an assumption is no longer tenable in much of the world, it threatens the operation of our most basic legal institutions. In this book, Keith Rosenn shows how inflation affects legal documents like contracts—how it distorts credit transactions, suits for damages, and laws of taxation—and he tells how current economic practices can be adapted to reduce or eliminate the impact. He explores the possibility of using a comprehensive indexation scheme for coping with inflation. Although Rosenn recognizes the deficiencies of price indexes, he considers the practical and theoretical implications of indexation. His analysis is firmly grounded in a detailed examination of the experience of countries like Argentina, Brazil, Chile, Finland, France, Germany, Israel, and Italy in adapting their legal institutions to the fact of inflation.

Legal Origin Theory

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9780857939098
Total Pages : 0 pages
Book Rating : 4.9/5 (39 download)

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Book Synopsis Legal Origin Theory by : Simon F. Deakin

Download or read book Legal Origin Theory written by Simon F. Deakin and published by Edward Elgar Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collection of articles previously published in various journals.

Law, Economics, and Game Theory

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Author :
Publisher : Lexington Books
ISBN 13 : 1498549098
Total Pages : 393 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Law, Economics, and Game Theory by : John Cirace

Download or read book Law, Economics, and Game Theory written by John Cirace and published by Lexington Books. This book was released on 2020-07-06 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers three relationships: law and economics; economics and game theory; and game theory and law. Economists teach lawyers that economic principles cut across and integrate seemingly different legal subjects such as contracts, torts, and property. Correspondingly, lawyers teach economists that legal rationality is a separate and distinct decision-making process that can be formalized by behavioral rules that are parallel to and comparable with the behavioral rules of economic rationality, that efficiency often must be constrained by legal goals such as equal protection of the laws, due process, and horizontal and distributional equity, and that the general case methodology of economics vs. the hard case methodology of law for determining the truth or falsity of economic theories and theorems sometimes conflict. Economics and Game Theory: Law and economics books focus on economic analysis of judges’ decisions in common law cases and have been mostly limited to contracts, torts, property, criminal law, and suit and settlement. There is usually no discussion of the many areas of law that require cooperative action such as is needed to provide economic infrastructure, control public “bad” type externalities, and make legislation. Game theory provides the bridge between competitive markets and the missing discussion of cooperative action in law and economics. How? Competitive markets are examples (subset) of the Prisoners’ Dilemma, which explains the conflict between individual self-interested behavior and cooperation both in economic markets and in legislative bodies and demonstrates the need for social infrastructure and regulation of pollution and global warming. Game Theory and Law: Lawsuits usually involve litigation between two parties, not the myriad participants in markets, so the assumption of self-interest constrained by markets does not carry over to legal disputes involving one-on-one bargaining in which the law gives one party superior bargaining power. Game theory models predict the effect of different legal institutions, rights, and rules on the outcome of such bargaining. Game theory also has a natural four-model framework which is used in this book to analyze the law and economics of civil obligation, which consists of torts (negligence), contracts, and unjust enrichment.

Anti-discrimination Law in Civil Law Jurisdictions

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Author :
Publisher :
ISBN 13 : 0198853130
Total Pages : 321 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Anti-discrimination Law in Civil Law Jurisdictions by : Barbara Havelková

Download or read book Anti-discrimination Law in Civil Law Jurisdictions written by Barbara Havelková and published by . This book was released on 2019 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of how anti-discrimination law works or does not work in continental European countries. It offers an innovative comparative, critical, legal and socio-legal, look at jurisdictions beyond the common law.

The Rule of Law, Economic Development, and Corporate Governance

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1789900735
Total Pages : 263 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis The Rule of Law, Economic Development, and Corporate Governance by : Nadia E. Nedzel

Download or read book The Rule of Law, Economic Development, and Corporate Governance written by Nadia E. Nedzel and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences between the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The author shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance.

Law and Economics in Europe

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 940077110X
Total Pages : 408 pages
Book Rating : 4.4/5 (7 download)

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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 408 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.

Conceptualising Property Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788111842
Total Pages : 338 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Conceptualising Property Law by : Yaëll Emerich

Download or read book Conceptualising Property Law written by Yaëll Emerich and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.

Common Law, Civil Law, and Colonial Law

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Publisher : Cambridge University Press
ISBN 13 : 1108960448
Total Pages : 349 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Common Law, Civil Law, and Colonial Law by : William Eves

Download or read book Common Law, Civil Law, and Colonial Law written by William Eves and published by Cambridge University Press. This book was released on 2021-04-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.

Comparative Law

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Author :
Publisher : Law in Context
ISBN 13 : 1107182417
Total Pages : 531 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Comparative Law by : Mathias Siems

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.

Economics of the Law

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Author :
Publisher : Routledge
ISBN 13 : 1134145365
Total Pages : 231 pages
Book Rating : 4.1/5 (341 download)

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Book Synopsis Economics of the Law by : Wolfgang Weigel

Download or read book Economics of the Law written by Wolfgang Weigel and published by Routledge. This book was released on 2013-03 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook demonstrates how economic tools can be used to examine the question of how and why legal norms can effectively guide human action, situating the study of both private and public law within the framework of institutional economics

Contract Law

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Publisher : Business Expert Press
ISBN 13 : 1631579282
Total Pages : 249 pages
Book Rating : 4.6/5 (315 download)

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Book Synopsis Contract Law by : Claire-Michelle Smyth

Download or read book Contract Law written by Claire-Michelle Smyth and published by Business Expert Press. This book was released on 2018-07-09 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text serves as an accessible introduction to the law of contract. The headings chosen for examination track the main points in the lifetime of a contract-from its formation, drafting, and onward to its eventual dissolution, whether this occurs due to the terms of the contract, the will of the parties, or because of a breach of the agreed terms. It also provides studies of other notable areas within the subject, such as third-party rights, damages, and equitable remedies. In distinction to other guides to contract law, this text provides a comparative analysis of the area, incorporating sources drawn from both the civil law tradition, characteristic of several nations within Continental Europe, as well as the Anglo-American common law tradition, with cases and legislation drawn from England and the United States of America. It also explores contract law in the unique context of so-called hybrid jurisdictions-those that incorporate elements of both the common law and civilian traditions. As business assumes a global dimension, knowledge of the operation of contract law across various legal traditions and national contexts is increasingly at a premium. This text enables the student to gain a coherent vision of contract law, as well as to speak confidently when discussing the intricacies of the subject.

International Criminal Procedure

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 0857939580
Total Pages : 273 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis International Criminal Procedure by : Linda Carter

Download or read book International Criminal Procedure written by Linda Carter and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.' – Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law 'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.' – Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The issues include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal. International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.