Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner's 1972 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of "common law" and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems.
Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner's 1972 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of "common law" and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Nuno Garoupa is Professor of Law at Texas A&M University, School of Law, and holds the Chair in Research Innovation at Católica Global School of Law, Lisbon, Portugal. Carlos Gómez Ligüerre is Professor of Private Law at the Pompeu Fabra University (Universitat Pompeu Fabra), Barcelona, Spain. Lela Mélon is Adjunct Professor of Law at the Pompeu Fabra University (Universitat Pompeu Fabra), Barcelona, Spain.
Inhaltsangabe
List of illustrations Acknowledgments PART I: Legal origins in a nutshell - inherent dangers of its blind acceptance 1 Introduction 2 The danger of a globally accepted theory containing major flaws 3 The efficiency of the common law hypothesis 4 Legal origins: the comparative perspective 5 The evolution of the common law and efficiency: what is the meaning of common law? Why efficient common law Tort law Defamation law Professional responsibility Cost rules in civil litigation Civil juries Brief examples to guide to more detailed overviews PART II: Piercing the veil - application of legal origins to specific legal institutes 6 Contrasting common and civil law: private law Bona fide purchase Titling of property Principle of non-cumul in torts and contracts The Good Samaritan Rule 7 Contrasting common and civil law: legal governance and the specialization of courts The model Administrative courts Commercial courts Constitutional courts 8 The puzzle of mixed law jurisdictions Contrasting common and civil law: the role of trusts and mixed legal jurisdictions PART III: Modern dilemmas in US and EU law as representatives of the two distinct legal families 9 Contrasting civil and common law: the area of intellectual property Why intellectual property law? On intellectual property How are the US and the EU approaching the field? Efficiency of trademark protection in common and civil law systems Geographic indications Patent protection in the US and EU The efficiency of the 'fair use' doctrine under the conditions of two distinct copyright law systems 10 Contrasting common and civil law: corporate law in the US and EU Inherent flaws of the legal origins in researching the field of corporate law: the taxonomy of countries Inherent flaws of the legal origins in researching the field of corporate law: coding errors The inherent dangers of the persisting influence of legal origins theory on the international level The US and EU: legal origins and individual institutes in US and EU corporate laws Bibliography Index
List of illustrations Acknowledgments PART I: Legal origins in a nutshell - inherent dangers of its blind acceptance 1 Introduction 2 The danger of a globally accepted theory containing major flaws 3 The efficiency of the common law hypothesis 4 Legal origins: the comparative perspective 5 The evolution of the common law and efficiency: what is the meaning of common law? Why efficient common law Tort law Defamation law Professional responsibility Cost rules in civil litigation Civil juries Brief examples to guide to more detailed overviews PART II: Piercing the veil - application of legal origins to specific legal institutes 6 Contrasting common and civil law: private law Bona fide purchase Titling of property Principle of non-cumul in torts and contracts The Good Samaritan Rule 7 Contrasting common and civil law: legal governance and the specialization of courts The model Administrative courts Commercial courts Constitutional courts 8 The puzzle of mixed law jurisdictions Contrasting common and civil law: the role of trusts and mixed legal jurisdictions PART III: Modern dilemmas in US and EU law as representatives of the two distinct legal families 9 Contrasting civil and common law: the area of intellectual property Why intellectual property law? On intellectual property How are the US and the EU approaching the field? Efficiency of trademark protection in common and civil law systems Geographic indications Patent protection in the US and EU The efficiency of the 'fair use' doctrine under the conditions of two distinct copyright law systems 10 Contrasting common and civil law: corporate law in the US and EU Inherent flaws of the legal origins in researching the field of corporate law: the taxonomy of countries Inherent flaws of the legal origins in researching the field of corporate law: coding errors The inherent dangers of the persisting influence of legal origins theory on the international level The US and EU: legal origins and individual institutes in US and EU corporate laws Bibliography Index
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