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.
Table des matières
Foreword.- Preface.- Introduction.- Table of contents.- About the Authors.- Part I: Civil Law versus Common Law.- Never the Twain Shall Meet?; Kai Purnhagen.- To What Extent Is the Opposition Between Civil Law and Common Law Relevant for Law and Economics?; Régis Lanneau.- Comparative Study of Legal Reasoning in Swiss and UK Courts; Lynn Watkins.- Part II: Economic and Legal Thinking.- Homo Economicus versus Homo Iuridicus; Mariusz J. Golecki.- Three Realistic Strategies for Explaining and Predicting Judicial Decisions; Diego Moreno-Cruz.- Some Thoughts on Economic Reasoning in Appellate Courts and Legal Scholar-ship; Endre Stavang.- Cultures of Administrative Law in Europe: From Weberian Bureaucracy to ‘Law and Economics’; Klaus Mathis.- Part III: The Limits of Legal Transplants.- The “Hand Rule” as a Standard of Care in Swiss Tort Law?; Balz Hammer and Sandra Duss.- Efficiency and Swiss Contract Law; Ariane Morin.- Class Action Lawsuits in Europe: A Comparative and Economic Analysis; Ricardo Dawidowicz.- Crown Witnesses in Switzerland?; Zinon Koumbarakis.- Part IV: Economic Analysis in EU Law.- The Case for a Principled Approach to Law and Economics: Efficiency Analysis and General Principles of EU Law; Aurélien Portuese.- Homo Economicus, Behavioural Sciences, and Economic Regulation: On the Concept of Man in Internal Market Regulation and its Normative Basis; Jens-Uwe Franck and Kai Purnhagen.- Economic Principles in Antitrust Law in the Aftermath of the More Economic Approach; Claudia Seitz.- Index.
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