institutional competition between common law and civil law theory and policy

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Institutional Competition Between Common Law And Civil Law

Author : Michèle Schmiegelow
ISBN : 9783642546600
Genre : Law
File Size : 35. 45 MB
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This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law. These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.

Comparative Law

Author : Mathias Siems
ISBN : 9781316865453
Genre : Law
File Size : 51. 49 MB
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Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.

New Frontiers In Empirical Labour Law Research

Author : Amy Ludlow
ISBN : 9781509903580
Genre : Law
File Size : 87. 37 MB
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This edited collection draws together papers delivered at a symposium on New Frontiers in Empirical Labour Law Research held at the University of Cambridge in April 2014. It contains contributions from established and emerging experts across a range of disciplines (including employment relations, industrial psychology, sociology, economics and political science) to consider four broad themes: the case for empiricism in labour law; the potential for mixed methods; methodological possibilities and insights from other disciplines; and practical challenges and words of caution for those conducting empirical research. This collection seeks to cultivate confidence and competence in empirical methods among both established and young labour law scholars, through an intergenerational and interdisciplinary 'lessons learned' dialogue. It contributes to the broader debate regarding empirical research methods in labour law, and casts light on how empirical research can be conducted in highly contested fields to enhance labour law policy-making. This collection aims to inspire labour lawyers to embark upon new forms of empirical research, both to enrich their existing research projects, and to ask new research questions. It offers the first stage of a collaborative and interdisciplinary dialogue on empirical labour law research, to emphasise the importance of collaboration and intergenerational mentoring in building empirical capacity.

Competitive Advantage And Competition Policy In Developing Countries

Author : Paul Cook
ISBN : STANFORD:36105123325479
Genre : Social Science
File Size : 74. 16 MB
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'. . . a very good overview of both industry specific and policy issues facing developing economies as they embrace competition policy. the authors should be congratulated for raising our awareness of an increasingly important area of competition development.' - Ray Steinwall, Competition and Consumer Law Journal

Law Legal Culture And Politics In The Twenty First Century

Author : Guenther Doeker-Mach
ISBN : 3515083170
Genre : Philosophy
File Size : 51. 96 MB
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This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .

The Evolution Of A Nation

Author : Daniel Berkowitz
ISBN : 9780691136042
Genre : Business & Economics
File Size : 59. 24 MB
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Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions--such as climate, access to water transportation, and early legal systems--impacted political and judicial institutions and economic growth. The book shows how a state's geography and climate influenced whether elites based their wealth in agriculture or trade. States with more occupationally diverse elites in 1860 had greater levels of political competition in their legislature from 1866 to 2000. The book also examines the effects of early legal systems. Because of their colonial history, thirteen states had an operational civil-law legal system prior to statehood. All of these states except Louisiana would later adopt common law. By the late eighteenth century, the two legal systems differed in their balances of power. In civil-law systems, judiciaries were subordinate to legislatures, whereas in common-law systems, the two were more equal. Former civil-law states and common-law states exhibit persistent differences in the structure of their courts, the retention of judges, and judicial budgets. Moreover, changes in court structures, retention procedures, and budgets occur under very different conditions in civil-law and common-law states. The Evolution of a Nation illustrates how initial geographical and historical conditions can determine the evolution of political and legal institutions and long-run growth.

Comparative Law And Economics

Author : Ugo Mattei
ISBN : 0472066498
Genre : Business & Economics
File Size : 63. 98 MB
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The book links the study of comparative law with the study of law and economics

The Design Of Competition Law Institutions

Author : Eleanor M Fox
ISBN : 9780199670048
Genre : Law
File Size : 44. 71 MB
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Examining the procedure, process, and performance norms of national, regional (EU), and international competition law systems, this book is written by an international team of leading scholars who use case studies to reflect on global norms. These global norms include due process rights for litigants, reasonable expedition in adjudication, and knowledgeable decision-making.

Competition Law

Author : Günther Hirsch
ISBN : STANFORD:36105134452676
Genre : Antitrust law
File Size : 74. 13 MB
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This work covers the topic of competition law."

Lawyers In Society

Author : Richard L. Abel
ISBN : 1587982641
Genre : Law
File Size : 49. 96 MB
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In this reprint from 1988, Abel (law, U. of California, Los Angeles) and Lewis (Centre for Socio-Legal Studies, Oxford, UK) put together eight chapters in which contributors, who are sociology and law professors from around the world, each describe the law profession in their respective countries: Canada, the US, Scotland, England and Wales, Austra

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