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Legal Origins and the Efficiency Dilemma (Paperback)
Loot Price: R1,351
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Legal Origins and the Efficiency Dilemma (Paperback)
Series: The Economics of Legal Relationships
Expected to ship within 10 - 15 working days
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Economists advise that the law should seek efficiency. More
recently, it has been suggested that common law systems are more
conducive of economic growth than code-based civil law systems.
This book argues that there is no theory to support such statements
and provides evidence that rejects a 'one-size-fits-all' approach.
Both common law and civil law systems are reviewed to debunk the
relationship between the efficiency of the common law hypothesis
and the alleged inferiority of codified law systems. Legal Origins
and the Efficiency Dilemma has six aims: explaining the efficiency
hypothesis of the common law since Posner's 1973 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. Based on
previous pieces by the authors, this book expands their work by
including new areas of analysis (such as trusts), detailing
previous analysis (such as French law versus common law in the
areas of contract, property and torts), and updating for recent
developments in the academic discourse. This volume is of interest
to academics and students who study microeconomics, comparative law
and foundations of law, as well as legal policy analysts.
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