Comparative Law and Economic Analysis of Law

2019 ◽  
pp. 825-851 ◽  
Author(s):  
Florian Faust
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
Case Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject ◽  
The Relationship

This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it explains how one of the two disciplines can operate as an ancillary discipline to the other; this has been termed ‘Comparative Law and Economics’. The next section describes how comparative law and economic analysis of law can be brought together by making one discipline the subject matter of the other. It suggests that the role of economic analysis of law may be greater in case law systems than in codified systems and that this role may vary according to the subject of legislation. The section concludes with considerations on the role comparative law plays and should play in different contexts. Finally, it is argued that comparative law and economics should not be considered a discipline on its own.

Comparative Law and Economic Analysis of Law

2006 ◽  
pp. 836-866
Author(s):  
Mathias Reimann
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject

This article outlines the characteristics of the economic analysis of law only as far as is necessary for an understanding of the links between economic analysis and comparative law. Due to the fundamental differences between the two disciplines, they complement each other and it is possible to connect them in various ways. The article discusses how one field can operate as an ancillary discipline to the other; this is what, in recent years, has been termed ‘Comparative Law and Economics’. However, it is also possible to link the two disciplines in a different fashion, that is, by making one the subject-matter of the other. So far, little has been published on this subject.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

Of Law and Economics and Economic Analysis of Law: The Role of the Lawyer

Global Jurist ◽  
2019 ◽  
Vol 19 (3) ◽  
Author(s):  
Guido Calabresi
Keyword(s):  
Economic Analysis ◽  
Law And Economics ◽  
Economic Analysis Of Law ◽  
Yale University ◽  
The Future

Abstract This is the first chapter of The Future of Law and Economics: Essays in Reform and Recollection by Guido Calabresi, first published by Yale University Press in 2016.

International Law and Colombian Constitutionalism: A Note on Monism

1942 ◽  
Vol 36 (4) ◽  
pp. 614-620
Author(s):  
William Marion Gibson
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Subject Matter ◽  
The Other ◽  
Legal Philosophy ◽  
State Practice ◽  
The Subject ◽  
National Constitution ◽  
Relationship Of ◽  
The Relationship

In explaining the nature of international law, each of the two major schools of thought draws upon legal philosophy and practice for evidence in support of its interpretation. It is not the purpose of this note to offer any conclusions or proofs as to the validity of the reasoning of one or the other of the two schools. It would require more than the subject-matter here considered to prove the “Monist” position, or to detract from that of the “Dualist.” However, inasmuch as state practice is one of the guides to the resolution of the debate on the nature of international law, it is hoped that an explanation of the attitude of the Colombian Supreme Court concerning the relationship of pacta to the national constitution and legislation of that state may merit mention.

Response and Composition in Archaic Greek Poetry

Antichthon ◽  
2011 ◽  
Vol 45 ◽  
pp. 58-76 ◽  
Author(s):  
Diana Burton
Keyword(s):  
Subject Matter ◽  
The Other ◽  
Ongoing Debate ◽  
Greek Poetry ◽  
The Subject ◽  
The Way ◽  
Archaic Greek Poetry

AbstractThis paper discusses a series of archaic poems in which one poet responds directly to the work of another, identifying the other by name or by direct allusion (for example, Simonides frag. 542 PMG, Solon frag. 20 West, Sappho frag. 137 Voigt). Such responses often disagree with their models, and this disagreement is frequently constructed in terms of a correction, not only to the subject matter, but also to the way in which the original is composed. These responses, therefore, not only reflect the pattern of improvisation and ‘capping’ common to much Greek poetry, but form an ongoing debate on the nature and role of the poet and his poetry. The construction of such responses also serves to underline both the importance of improvisation and the permanency of the fame conveyed by the completed poem.

scholarly journals Applied Technique of Acting in the Role of Teaching

2018 ◽  
pp. 14-24
Author(s):  
Cong Hao
Keyword(s):  
Subject Matter ◽  
The Other ◽  
Team Members ◽  
Initial Idea ◽  
The Subject ◽  
Group Member

In the short speech, the content of the lesson will be presented to the students in front of the students, so the students will get an initial idea about the content. The formation of the team after the tearing of the teachers and the students will divide one or the other character of the team members. Students will discuss the role of this character among themselves or by grouping themselves and try to understand. The teachers will ask each group member to think about their character. The character of the subject matter of the subject will be presented through acting or dialogue.

scholarly journals Fenomen brexitu w rozważaniach szkoły prawa i ekonomii

Politeja ◽  
2020 ◽  
Vol 17 (3(66)) ◽  
pp. 145-156
Author(s):  
Artur Niedźwiecki
Keyword(s):  
European Union ◽  
Great Britain ◽  
Economic Analysis ◽  
Qualitative Method ◽  
Law And Economics ◽  
The Other ◽  
The European Union ◽  
Economic Analysis Of Law ◽  
Research School ◽  
Limited Applicability

The Phenomenon of Brexit in the Considerations of the School of Law and Economics The article addresses the issue of Brexit in the context of economic analysis of law using a qualitative method, namely the textual analysis of selected papers devoted to both the process of secession of Great Britain from the European Union and the aforementioned research school. The hypothesis of this work is as follows: economic analysis of law reveals limited applicability to the exegesis of the Community disintegration mechanisms, including Brexit, which is one of the symptoms of these processes. According to the author, it reveals certain shortcomings in the research procedures regarding the phenomenon of EU decomposition, although, on the other hand, some of its components still remain valid.

scholarly journals BUTIR-BUTIR PEMIKIRAN DALAM SEJARAH INTELEKTUIL DAN PERKEMBANGAN AKADEMIK HUKUM DAN EKONOMI

2014 ◽  
Vol 10 (19) ◽  
Author(s):  
Fajar Sugianto
Keyword(s):  
Economic Analysis ◽  
David Hume ◽  
Law And Economics ◽  
Adam Smith ◽  
Economic Analysis Of Law ◽  
Fusion Of Horizons ◽  
Subject Areas ◽  
The Subject ◽  
Academic Recognition ◽  
Basic Ideas

This writing is intended to convey the basic ideas of what has come to be known as Law and Economics, or also commonly called Economic Analysis of Law. The subject areas of concern are central ones for the origins of law and economics which have been contributed by “the Founding Fathers”, namely, David Hume, Adam Ferguson, Adam Smith, Jeremy Bentham, Ronald Coase, Henry Simons, Gordon Tullock, Richard Posner, and Steven Shavell. Because the main object is to present the fusion of horizons between law and economics, this writing had excluded formal economic analysis as well as detailed discussion of most legal area. Like many most accepted theories of jurisprudence, Law and Economics also look to reveal the crucial and definitive aspects of the foundation of law.Keywords: Fusion of horizons, academic recognition, Law and Economics.

15. Duress, undue influence, and unconscionable bargains

2019 ◽  
pp. 702-760
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Case Law ◽  
The Other ◽  
Third Party ◽  
Undue Influence ◽  
Financial Position ◽  
Legal Effect ◽  
The Subject ◽  
The Relationship ◽  
Selection Of ◽  
Made In

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines further vitiating factors which relate to the way in which the contract was entered into and render it voidable. It discusses the doctrines of duress and undue influence and whether contracts are affected by a general doctrine of unconscionability relating to the manner of formation and content relative to the nature and position of the contracting parties. The doctrine of economic duress allows for any contract to be set aside where unlawful threats to financial position were made in order to secure agreement. This doctrine is still evolving but represents a mechanism to prevent the enforceability of promises not freely given. Under the doctrine of undue influence, a contract may be set aside if one party has put unfair and improper pressure on the other in the negotiations leading up to the contract. The courts of equity have developed undue influence as one of the grounds of relief to prevent abuse of the influence of one person over another, particularly where the influence results from the nature of the relationship between the parties. The chapter examines types of undue influence, actual undue influence, presumed (or evidential) undue influence, undue influence exercised by a third party, the legal effect of undue influence, and the relationship between undue influence and unconscionability.

scholarly journals FUNÇÃO SOCIAL DO CONTRATO: UMA ANÁLISE LÓGICO-EMPÍRICA / SOCIAL ROLE OF THE CONTRACT: A LOGIC-EMPIRICAL ANALYSIS

2014 ◽  
Vol 59 (1) ◽  
pp. 101
Author(s):  
Julio Cesar De Aguiar ◽  
Leandro Oliveira Gobbo
Keyword(s):  
Economic Analysis ◽  
Empirical Analysis ◽  
Social Role ◽  
State Intervention ◽  
Contract Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
Social Objective ◽  
The Social

Trata-se de um estudo do significado da função social do contrato, assim entendido como a determinação da extensão da intervenção estatal em contratos privados, bem como o objetivo do próprio direito dos contratos. O estudo propõe que existem apenas duas possíveis definições da função social do contrato; uma econômica, de geração de cooperação, e outra política, de distribuição. Sugere ainda que a distinção é relevante na medida em que serve para identificar a maneira mais eficiente para que a lei alcance os objetivos buscados, sejam eles distributivos ou de cooperação. PALAVRAS-CHAVEAnálise econômica do direito. Direito dos contratos. Função social do contrato.  ABSTRACTThis is a study of the meaning of the social role of the contract, understood as determining the extent of the state intervention in private contracts, as well as the goal of contract law itself. The study suggests that there are only two possible definitions of the social objective of the contract; one economic, to generate cooperation, and the other political, related to distribution. It also suggests that the distinction is relevant in that it serves to identify how the law can, more efficiently, reach the goals it seeks, whether they are distributive or cooperative. KEYWORDSContract law. Economic analysis of law. Social role of contracts.

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