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Comparative law and economics

Опубликовано на портале: 20-10-2003
Ann Arbor: University of Michigan Press, 1997, 266 с.
Mattei shows how concepts from economics can be applied to the study of comparative law. He then applies the concepts to several significant problems in comparative law, including the history and sources of law, differences between civil and common law systems, and the reasons for legal change and the movement of law from one country to another. He looks at specific problems in property, contracts, and trust law. Finally he uses the insights he has developed to understand the issues involved in changing law in developing countries and in formerly socialist countries.

The comparative study of law and the institutions of law have enriched our understanding of the role law plays in our society by comparing law and legal institutions in different countries, but we have lacked a strong theoretical structure. Scholars studying the role of law in society by applying economic theories have offered a parsimonious theoretical structure with which to understand the relationship between law and society but have tended to focus only on American legal issues. Ugo Mattei joins insights from both areas of scholarship in a productive relationship that furthers our understanding of why societies adopt different laws and why some societies share similar laws. Mattei shows how concepts from economics can be applied to the study of comparative law. He then applies the concepts to several significant problems in comparative law, including the history and sources of law, differences between civil and common law systems, and the reasons for legal change and the movement of law from one country to another. He looks at specific problems in property, contracts, and trust law. Finally he uses the insights he has developed to understand the issues involved in changing law in developing countries and in formerly socialist countries.

    Contents

    Prefaceix

    Acknowledgmentsxv

    Chapter 1. Efficiency and Equity

    Chapter 2. The Economist's Legacy to Law and Economics: The Natural Law Misconception in Historical and Comparative Perspective

    Chapter 3. The Distinction between Common Law and Civil Law: Doing Away with Legal Positivism

    Chapter 4. The Competitive Relationship among Sources of Law

    Chapter 5. Legal Change: The Comparative Law and Economics Perspective

    Chapter 6. First Study on Comparative Efficiency: Private Trusts

    Chapter 7. Second Study on Comparative Efficiency: Penalty Clauses

    Chapter 8. First Area Study: Codifying Property Law in Post-Socialist Countries

    Chapter 9. Second Area Study: Tort Law in Less Developed Countries

    Index

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