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.

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.

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.

The Treatment of Jewish Law in American Decisions

1974 ◽  
Vol 9 (1) ◽  
pp. 85-96
Author(s):  
A. Frank Baron
Keyword(s):  
Subject Matter ◽  
Comparative Law ◽  
The Other ◽  
Jewish Law ◽  
Foreign Law ◽  
Actual Use ◽  
American Law ◽  
Alternative Approaches ◽  
The Subject

The application of foreign law in American courts forms the subject matter of much comparative law writing. Two alternative approaches are usually adopted by the comparative legal scholars. One studies pleading and proof of foreign law in American courts; the other studies the substantive use of foreign law by American courts. No studies of the actual use of Jewish law by American courts are to be found. In what follows an attempt will be made to fill the gap and to draw some conclusions concerning the relevance and advantages to the courts, the parties and society generally of such use of Jewish law.All reported cases which have expressly made some use of Jewish law are collected and analyzed in this article. In addition, the application of Jewish law to the resolution of conflicts presently handled by the courts is discussed.The reported judgments in which a party's appeal to Jewish law was considered relevant are classified according to American law classifications as opposed to Jewish law classifications. Finally, the actual relevance and the relevance in the eyes of the presiding judge of the Jewish law to the controversy before the court is examined.

Behavioral Law and Economics

2018 ◽  
Author(s):  
Eyal Zamir ◽  
Doron Teichman
Keyword(s):  
Economic Analysis ◽  
Bounded Rationality ◽  
Law And Economics ◽  
Empirical Studies ◽  
Securities Regulation ◽  
Critical Examination ◽  
Entire Body ◽  
Economic Analysis Of Law ◽  
Behavioral Law And Economics ◽  
The Impact

In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. The book surveys the entire body of psychological research underpinning behavioral analysis of law, and critically evaluates the core methodological questions of this area of research. The book then discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for establishing the aims of legislation, and the means of attaining them. This is followed by a systematic and critical examination of the contributions of behavioral studies to all major fields of law—property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law—as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.

Individualisation as a social-cultural process and morality

2020 ◽  
Vol 29 ◽  
pp. 11-33
Author(s):  
Janusz Mariański
Keyword(s):  
Subject Matter ◽  
Moral Values ◽  
Moral Relativism ◽  
The Other ◽  
Human Being ◽  
Cultural Process ◽  
Self Development ◽  
The Subject ◽  
Moral Choices ◽  
Individual Human

In this article, the issue of structural individualisation, which is one of the results of social modernisation, is adopted as the subject-matter. In the processes of individualisation, it is, first and foremost, the importance of an individual human being and matters relevant to their life, including the obligation to make constant choices in all the aspects of life, that is placed emphasis upon. In the aspect of values, the process of individualisation means transfer from values seen as responsibilities (related to duties) to values connected with self-fulfilment (self-development). The consequence of individualisation is the significant changes in the realm of morality: departing from traditional moral values and standards, permissivism and moral relativism, the destruction of normativity, and the secularisation of morality. On the other hand, it creates the opportunity to determine one's own moral choices and shapean autonomous moral personality.

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.

scholarly journals Misreading and re-reading: interpretation in comparative religion

1999 ◽  
Vol 17 (1) ◽  
pp. 87-98
Author(s):  
René Gothóni
Keyword(s):  
Subject Matter ◽  
The Other ◽  
Personal Beliefs ◽  
The Social ◽  
Marco Polo ◽  
The Subject ◽  
Holistic Conception ◽  
Sinhalese Buddhism ◽  
The Buddha ◽  
Christian Discourse

Religion should no longer only be equated with a doctrine or philosophy which, although important, is but one aspect or dimension of the phenomenon religion. Apart from presenting the intellectual or rational aspects of Buddhism, we should aim at a balanced view by also focusing on the mythical or narrative axioms of the Buddhist doctrines, as well as on the practical and ritual, the experiential and emotional, the ethical and legal, the social and institutional, and the material and artistic dimensions of the religious phenomenon known as Buddhism. This will help us to arrive at a balanced, unbiased and holistic conception of the subject matter. We must be careful not to impose the ethnocentric conceptions of our time, or to fall into the trap of reductionism, or to project our own idiosyncratic or personal beliefs onto the subject of our research. For example, according to Marco Polo, the Sinhalese Buddhists were 'idolaters', in other words worshippers of idols. This interpretation of the Sinhalese custom of placing offerings such as flowers, incense and lights before the Buddha image is quite understandable, because it is one of the most conspicuous feature of Sinhalese Buddhism even today. However, in conceiving of Buddhists as 'idolaters', Polo was uncritically using the concept of the then prevailing ethnocentric Christian discourse, by which the worshippers of other religions used idols, images or representations of God or the divine as objects of worship, a false God, as it were. Christians, on the other hand, worshipped the only true God.

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.

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