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 : 72. 16 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 : 77. 95 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.

The Case For An International Court Of Civil Justice

Author : Maya Steinitz
ISBN : 9781316731994
Genre : Law
File Size : 35. 1 MB
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When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation.

Comparative Law And Economics

Author : Ugo Mattei
ISBN : 0472066498
Genre : Business & Economics
File Size : 71. 60 MB
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The book links the study of comparative law with the study of law and economics

Competitive Advantage And Competition Policy In Developing Countries

Author : Paul Cook
ISBN : STANFORD:36105123325479
Genre : Social Science
File Size : 56. 71 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

International Financial Integration And Economic Growth

Author : Mr. Torsten Sløk
ISBN : 9781451991444
Genre : Business & Economics
File Size : 47. 71 MB
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This paper uses new data and new econometric techniques to investigate the impact of international financial integration on economic growth and also to assess whether this relationship depends on the level of economic development, financial development, legal system development, government corruption, and macroeconomic policies. Using a wide array of measures of international financial integration on 57 countries and an assortment of statistical methodologies, we are unable to reject the hypothesis that international financial integration does not accelerate economic growth even when controlling for particular economic, financial, institutional, and policy characteristics.

Policy Reform And Chinese Markets

Author : Belton M. Fleisher
ISBN : 1782543562
Genre : Business & Economics
File Size : 49. 34 MB
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The diverse contributors to this book provide a unique set of essays that evaluate legal, regulatory, and economic aspects of China¿s transition from planned to market economy.

International Encyclopedia Of Comparative Law

Author : K. Zweigert
Genre : Law
File Size : 71. 24 MB
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No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America

Institutions And Economic Performance

Author : Kevin E. Davis
ISBN : STANFORD:36105215370888
Genre : Business & Economics
File Size : 42. 91 MB
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'. . . the book is a good example of the writing and reasoning style, sometimes vivid and intriguing, often used by NIE authors. Similarly, the book is a good sample of NIE's multidisciplinary approach to economics. . . the range of papers presented gives the reader a good picture of the variety of approaches used by NIE scholars, and their ability to integrate sociological and legal consideration within the economic analysis.' - Martino Bianchi, CEU Political Science Journal

Handbook Of New Institutional Economics

Author : Claude Ménard
ISBN : 9783540693055
Genre : Business & Economics
File Size : 37. 84 MB
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New Institutional Economics (NIE) has skyrocketed in scope and influence over the last three decades. This first Handbook of NIE provides a unique and timely overview of recent developments and broad orientations. Contributions analyse the domain and perspectives of NIE; sections on legal institutions, political institutions, transaction cost economics, governance, contracting, institutional change, and more capture NIE's interdisciplinary nature. This Handbook will be of interest to economists, political scientists, legal scholars, management specialists, sociologists, and others wishing to learn more about this important subject and gain insight into progress made by institutionalists from other disciplines. This compendium of analyses by some of the foremost NIE specialists, including Ronald Coase, Douglass North, Elinor Ostrom, and Oliver Williamson, gives students and new researchers an introduction to the topic and offers established scholars a reference book for their research.

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