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Trends in Comparative Law and Economics
By Nuno Garoupa
The book is a short introduction to comparative law and economics, a growing field in the interaction between law, economics and comparative political science. It is a guide to economists, lawyers and political scientists looking for a brief overview. It includes both strands of the traditional literature, namely the role of legal families and microeconomic analysis of legal rules in a comparative perspective. The study of courts at the global level is complemented by comparative judicial politics.
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About This Book
The book fills a gap since there is no quick reference in comparative law and economics at the moment. The book can be seen as a short introduction to comparative law and economics, a helpful guide to additional reading and a textbook for a short course or seminar. Comparative law and economics is a growing field in the interaction between law, economics and comparative political science. It includes both strands of the traditional literature, namely the role of legal families and microeconomic analysis of legal rules in a comparative perspective.
The book opens with a short introduction about the method and the standard discussion between common law and civil law. It brings in the debate over the legal origins’ theory and its consequences in terms of economic growth. It presents the study of courts at the global level and the importance of comparative judicial politics to stimulate a better understanding of comparative law and economics. The book also covers microeconomic analysis of legal rules with a few applications (titling of property, cost-shifting rules, plea-bargaining) and additional reading recommendations to the reader (for additional examples). The book then focuses on lawyering, with an emphasis on varying regulation of the legal profession around the world. The book concludes with a short summary of possible research developments in the next few years, namely behavioral and empirical advancements.
Reviews
“Comparative Law and economics have matured significantly since Mattei’s path-breaking book on the subject 25 years ago. This book, by one of its foremost experts, makes that experience accessible.” – Ralf Michaels, Director, Max Planck Institute for Comparative and International Private Law, Chair in Global Law, Queen Mary University, UK.
“Comparative Law and Economics has grown in importance in recent decades. It is therefore valuable that this new book by Nuno Garoupa, a key expert in this field, fills a gap in the literature as it discusses its main concepts and principles in a clear and concise manner.” – Mathias Siems, Professor of Private Law and Market Regulation, European University Institute, Florence, Italy.
“Similarity and difference are the touchstones for Nuno Garoupa’s readable summary of law and economics across borders. Avoiding simplistic comparisons of the common law and the civil law, he covers the essential basic topics and extends his review to include courts and the legal profession.” – Susan Rose-Ackerman, Henry R. Luce Professor Emeritus of Law and Political Science and Professorial Lecturer in Law, Yale University, USA.
"Law and economics is a rich and diverse approach to issues of institutional design and public policy, increasingly applied in comparative law debates. This volume is a perfect introduction to the field, while also presenting the state-of-the-art for advanced readers.” - Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, Professor of Political Science, University of Chicago, USA.
"This book, written by one of the leading scholars of comparative law and economics, affords a masterful and contemporary overview of the field." - Professor Francesca Bignami, George Washington University, USA.
Author Information
Nuno Garoupa is professor of law and associate dean for research and faculty development, George Mason University, Antonin Scalia Law School. Previously, he taught at Texas A&M University School of Law (2015–2018), University of Illinois College of Law (2007–2015), Universidade Nova de Lisboa, Portugal (2001–2007) and UniversitatPompeuFabra, Barcelona (1998–2001). He has a long-established research interest in the economics of law and legal institutions and comparative judicial politics. He has served as co-editor of the Review of Law and Economics (2004–2010) and of the International Review of Law and Economics (2012–2020). He has been awarded the Spanish Julián Marías Research Prize (2010).
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Table of Contents
Dedication; 1. Introduction; 2. Comparative Law and Economics; 3. Law and Economics of Legal Families; 4. The Legal Origins’ Theory; 5.Comparative Private Law and Economics; 6. Comparative Administrative Law and Economics; 7. Comparative Judicial Politics; 8. Lawyering; 9. Conclusions; References; Index
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