Institutional Competition between Common Law and Civil Law - new book

EAN (ISBN-13): 9783642546600
ISBN (ISBN-10): 3642546609
Publishing year: 2014
Publisher: Springer Berlin

Book in our database since 2014-08-07T08:43:16+01:00 (London)
Detail page last modified on 2023-08-24T20:53:28+01:00 (London)
ISBN/EAN: 9783642546600

ISBN - alternate spelling:
3-642-54660-9, 978-3-642-54660-0
Alternate spelling and related search-keywords:
Book author: henri, michel, henr, miche, henrik, michael john, schmiegelow
Book title: law com, institutio, between, theory competition policy

---

Information from Publisher

Author: Michèle Schmiegelow; Henrik Schmiegelow
Title: Institutional Competition between Common Law and Civil Law - Theory and Policy
Publisher: Springer; Springer Berlin
475 Pages
Publishing year: 2014-05-27
Berlin; Heidelberg; DE
Printed / Made in
Language: English
149,79 € (DE)
154,00 € (AT)
177,00 CHF (CH)
Available
XXIX, 475 p. 33 illus., 15 illus. in color.

EA; E107; eBook; Nonbooks, PBS / Recht/Internationales Recht, Ausländisches Recht; Internationales Recht; Verstehen; Civil Law; Common Law; Econometrics; Legal Origins Theory; Statutory Law; Transition Country; B; Private International Law, International & Foreign Law, Comparative Law; Theories of Law, Philosophy of Law, Legal History; Law and Economics; Development Economics; Emerging Markets/Globalization; Fundamentals of Law; Private International Law, International and Foreign Law, Comparative Law; Theories of Law, Philosophy of Law, Legal History; Law and Economics; Development Economics; Emerging Markets and Globalization; Fundamentals of Law; Law and Criminology; Rechtsvergleichung; Rechtsmethodik, Rechtstheorie und Rechtsphilosophie; Wirtschaftswissenschaft; Recht; Entwicklungsökonomie und Schwellenländer; Rechtswissenschaft, allgemein; BB

This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics.  Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law.  These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited  method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.