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Law and Economics for Civil Law Systems (Paperback)
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Law and Economics for Civil Law Systems (Paperback)
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This formidable book offers an insightful unifying perspective on
the research carried out in law and economics over the last
decades. From his unique Canadian standpoint, Ejan Mackaay is able
to bridge over the common and the civil law traditions,
illustrating the theory with cases and examples taken from both
North American and European legal systems. The rigor of the
analysis is accompanied by illuminating discussions, covering both
historical developments and up-to-date policy debates.' - Luigi
Alberto Franzoni, University of Bologna, Italy'In this book,
Professor Mackaay provides a wonderfully lucid and insightful
elucidation of law and economics concepts as applied to civil law
systems. Professor Mackaay's new book will substantially advance
the study of economic analysis of law in civil law jurisdictions,
as well as substantially enhancing opportunities for comparative
law and economics research by scholars in common law
jurisdictions.' - Michael Trebilcock, University of Toronto, Canada
This unique volume presents the core ideas of law and economics for
audiences primarily familiar with civil law systems. Ejan Mackaay
offers a comprehensive look at the essential points of economic
reasoning, the Coase Theorem, and legal institutions such as
intellectual property, extra-contractual civil liability and
contracts. The book's structure mirrors the way law is taught in
civil law countries, with structured presentations, references to
civil code articles paired with non-technical explanations, and
limited reliance on graphs. This English-language version builds on
the success of the author's 2008 French-language textbook on law
and economics from a civil law perspective. This pioneering volume
fills a critical gap in the literature of law and economics, and
will be an invaluable resource for lawyers and law students working
in civil law systems. Contents: Preface Introduction Part I:
Foundations 1. Individual Decision-making 2. Risk and Insurance 3.
Human Interaction 4. The Market Order 5. The Political Order 6.
Black Markets Part II: Legal Institutions 7. The Coase Theorem 8.
Property and Real Rights 9. Intellectual Property Rights 10.
Extra-contractual Civil Liability 11. Contract Conclusion Index
General
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