Law and Economics in Civil Law Countries
Edited by Bruno Deffains, Thierry Kirat
Routledge – 2003 – 264 pages
The aim of the book is to highlight the law and economics issues confronting civil law countries. The following questions are addressed in this volume: to what extent have the existing codes in civil law countries been designed to incorporate economic considerations? Can the modifications made to codified rules over time be explained by a will to react to new economic constraints? Which economic problems are at the root of the revision of codes? And, given that the code is not the only source of law in civil law countries, the volume also explores the relationship between law and economics in the context of both the legislature and the courts.
'…Fourteen essays explore some of the ways in which economics analysis can contribute to an understanding of some key aspects of the relationships between legal systems and thus provide a useful methodology for comparative law and economics.' - Journal of Economic Literature, Vol. 40, No. 2, B. Deffains
Introduction B. Deffains and T. Kirat Part One: The Relevance of Law and Economics for Research Into Codified Law Systems 1. Competition between legal systems: a comparative law and economics perspective B. Deffains
2. Law and economics: what's in it for us civilian lawyers E. Mackaay 3. The negotiation of disputed rights, or how the law comes to economics E. Serverin Part Two: Legal systems and economic analysis 4. How relevant is American law and economics for the understanding of French Jurisprudence? T. Kirat 5. Did the common law biased the economics of contract… and may it change? E. Brousseau 6. Comparative law and economics and the design of optimal legal doctrines G. De Geest 7. New property, new wealth A. Pretto 8. Regulation: the public interest and the private interest A. Ogus Part Three: Legal-Economic Analysis of Legal Issues in an European Context 9. The role of institutions in the contractual process B. Arruñada 10. Tort liability in France: an introductory economic analysis M. Faure 11. Alternative dispute resolution in the French legal system: an empirical study M. Doriat-Duban 12. An economic viewpoint of criminal systems in civil law countries N. Garoupa 13. Independence and judicial discretion in a dualist regime: the case of French administrative judiciary S. Harnay, A. Marciano 14. Do resale royalties make artists better-off? An economic analysis of a new EU directive R. Kirstein, D. Schmidtchen