Law and Economics in Europe : Foundations and Applications / edited by Klaus Mathis.
2014
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Details
Title
Law and Economics in Europe : Foundations and Applications / edited by Klaus Mathis.
Added Author
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Edition
1st ed. 2014.
Imprint
Dordrecht : Springer Netherlands : Imprint: Springer, 2014.
Description
XXIV, 396 p. 2 illus., 1 illus. in color. online resource.
Series
Economic analysis of law in European legal scholarship ; 1.
Formatted Contents Note
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.
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.
Summary
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.
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SpringerLink electronic monographs.
Language
English
ISBN
9789400771109
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