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Law and Economics is an established field of research and arguably
one of the few examples of a successful interdisciplinary project.
This book explores whether, or to what extent, that
interdisciplinarity has indeed been a success. It provides insights
on the foundations and methods, achievements and challenges of Law
and Economics, at a time when both the continuing criticism of
academic economics and the growth of empirical legal studies raise
questions about the identity and possible further developments of
the project. Through a combination of reflections on long-term
trends and detailed case studies, contributors to this volume
analyse the institutional and epistemic character of Law and
Economics, which develops through an exchange of concepts, models
and practices between economics and legal scholarship. Inspired by
insights from the philosophy of the social sciences, the book shows
how concepts travel between legal scholarship and economics and
change meanings when applied elsewhere, how economic theories and
models inform, and transform, judicial practice, and it addresses
whether the transfers of knowledge between economics and law are
symmetrical exchanges between the two disciplines.
Law and Economics is an established field of research and arguably
one of the few examples of a successful interdisciplinary project.
This book explores whether, or to what extent, that
interdisciplinarity has indeed been a success. It provides insights
on the foundations and methods, achievements and challenges of Law
and Economics, at a time when both the continuing criticism of
academic economics and the growth of empirical legal studies raise
questions about the identity and possible further developments of
the project. Through a combination of reflections on long-term
trends and detailed case studies, contributors to this volume
analyse the institutional and epistemic character of Law and
Economics, which develops through an exchange of concepts, models
and practices between economics and legal scholarship. Inspired by
insights from the philosophy of the social sciences, the book shows
how concepts travel between legal scholarship and economics and
change meanings when applied elsewhere, how economic theories and
models inform, and transform, judicial practice, and it addresses
whether the transfers of knowledge between economics and law are
symmetrical exchanges between the two disciplines.
This book presents the results of research project financed by the
Hague Institute for the Internationalization of Law (HiiL) and
carried out at the Tilburg Law and Economics Center (TILEC) of
Tilburg University. The project team shows that globalization,
instead of threatening national legal systems, put them in a new
role and gives them continuing relevance. First of all, once one
takes a more functional view of the law, based on law and economics
and comparative law literature, harmonization or unification of
national legal systems is no longer a foregone conclusion.
Secondly, fundamental constitutional principles continue to bear in
the era of multi-level and transnational governance: they become
governance principles, divorced from specific institutional
settings. Finally, looking beyond regulatory competition and
comparative law, legal emulation provides a rich and fruitful model
to explain the interplay between legal systems. This book explores
these three themes, both at a theoretical level and in the light of
specific examples.
This book presents the results of research project financed by the
Hague Institute for the Internationalization of Law (HiiL) and
carried out at the Tilburg Law and Economics Center (TILEC) of
Tilburg University. The project team shows that globalization,
instead of threatening national legal systems, put them in a new
role and gives them continuing relevance. First of all, once one
takes a more functional view of the law, based on law and economics
and comparative law literature, harmonization or unification of
national legal systems is no longer a foregone conclusion.
Secondly, fundamental constitutional principles continue to bear in
the era of multi-level and transnational governance: they become
governance principles, divorced from specific institutional
settings. Finally, looking beyond regulatory competition and
comparative law, legal emulation provides a rich and fruitful model
to explain the interplay between legal systems. This book explores
these three themes, both at a theoretical level and in the light of
specific examples.
This Palgrave Pivot is the first book in the field of Law &
Economics looking at the relationship between economics and law in
legal reasoning. The book constitutes a reference point for the
economic analysis of legal institutions, as legal reasoning remains
the dimension of legal systems least explored by economists.
Despite their differences, economics and legal reasoning interact
in many interesting ways. This book offers a fast track to these
interactions. Both supporters and critics of Law & Economics
will be exposed to a yet-to-be developed area of interaction
between the disciplines. This book will be of interest to
economists, legal scholars, and Law and Economics specialists, and
can be used as teaching material in courses on Law & Economics
and legal reasoning as well.
This Palgrave Pivot is the first book in the field of Law &
Economics looking at the relationship between economics and law in
legal reasoning. The book constitutes a reference point for the
economic analysis of legal institutions, as legal reasoning remains
the dimension of legal systems least explored by economists.
Despite their differences, economics and legal reasoning interact
in many interesting ways. This book offers a fast track to these
interactions. Both supporters and critics of Law & Economics
will be exposed to a yet-to-be developed area of interaction
between the disciplines. This book will be of interest to
economists, legal scholars, and Law and Economics specialists, and
can be used as teaching material in courses on Law & Economics
and legal reasoning as well.
Over the last two decades scholars and citizens in Central and
Eastern Europe had more than enough opportunity to realise that
neither democracy nor the rule of law can be taken for granted.
Such a realisation also means that if they want to think and speak
clearly about or take a stand for their political and legal ideals,
they need to reflect on them constantly, and conceptualise them in
novel ways, by questioning entrenched lines of argument and
problematising established patterns of thought. The contributors of
this volume discuss a wide range of subjects from jurisprudential
methodology and legal reasoning through democracy and
constitutional courts to rights and criminal justice, raising
questions and suggesting new ideas on "The Rule of Law and the
Challenges to Jurisprudence" in Central and Eastern Europe and
beyond.
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