Law and Economics in Europe

1. Front Matter

   Pages i-xxiv

   PDF

2. Civil Law Versus Common Law

   1. Front Matter

      Pages 1-1

      PDF

   2. Never the Twain Shall Meet?

      • Kai Purnhagen

      Pages 3-21

   3. To What Extent Is the Opposition Between Civil Law and Common Law Relevant for Law and Economics?

      • Régis Lanneau

      Pages 23-46

   4. Comparative Study of Legal Reasoning in Swiss and UK Courts

      • Lynn Watkins

      Pages 47-65

3. Economic and Legal Thinking

   1. Front Matter

      Pages 67-67

      PDF

   2. Homo Economicus Versus Homo Iuridicus

      • Mariusz J. Golecki

      Pages 69-91

   3. Three Realistic Strategies for Explaining and Predicting Judicial Decisions

      • Diego Moreno-Cruz

      Pages 93-124

   4. Some Thoughts on Economic Reasoning in Appellate Courts and Legal Scholarship

      • Endre Stavang

      Pages 125-148

   5. Cultures of Administrative Law in Europe: From Weberian Bureaucracy to ‘Law and Economics’

      • Klaus Mathis

      Pages 149-174

4. The Limits of Legal Transplants

   1. Front Matter

      Pages 175-175

      PDF

   2. The “Hand Rule” as a Standard of Care in Swiss Tort Law?

      • Balz Hammer, Sandra Duss

      Pages 177-205

   3. Efficiency and Swiss Contract Law

      • Ariane Morin

      Pages 207-229

   4. Class Action Lawsuits in Europe: A Comparative and Economic Analysis

      • Ricardo Dawidowicz

      Pages 231-252

   5. Crown Witnesses in Switzerland?

      • Zinon Koumbarakis

      Pages 253-271

5. Economic Analysis in EU Law

   1. Front Matter

      Pages 273-273

      PDF

   2. The Case for a Principled Approach to Law and Economics: Efficiency Analysis and General Principles of EU Law

      • Aurélien Portuese

      Pages 275-328

   3. Homo Economicus, Behavioural Sciences, and Economic Regulation: On the Concept of Man in Internal Market Regulation and its Normative Basis

      • Jens-Uwe Franck, Kai Purnhagen

      Pages 329-365

   4. Economic Principles in Antitrust Law in the Aftermath of the More Economic Approach

      • Claudia Seitz

      Pages 367-387

6. Back Matter

   Pages 389-396

   PDF

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.

• Class-Action Lawsuits
• Continental Dogmatism and Law and Economics Theory
• Economic Analysis of Law
• Economic and Legal Decision Theory
• Efficient Liability Rules
• Homo Economicus Versus Homo Iuridicus
• Law and Economics in Europe
• Law’s Assumptions about Human Behaviour
• Legal Doctrine Behavioural Economics
• Legal Doctrine and Behavioural Economics
• Predictive Realistic Strategies of Judicial
• Principled Approach to Law and Economics
• Role of Economics in Constitutional Adjudication

• Faculty of Law, University of Lucerne, Lucerne, Switzerland

  Klaus Mathis

Policies and ethics