Law and Economics in Europe Foundations and Applications [Hardcover]

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.This book presents 14 essays by young European legal scholars, illustrating the development of law and economics, comparing American Common Law and European Civil Law and examining the role of economic analysis in the law of the European Union.

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?; R?gis 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.- Thl3-