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1 - Introduction

Published online by Cambridge University Press:  09 December 2022

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Summary

Comparative law and economics is a growing area of interest in the interaction between law and economics, comparative law, comparative economics and comparative political science. It includes both strands of the more traditional literature, namely the role of legal families from comparative law, and the microeconomic analysis of legal rules from conventional law and economics.

Whether teaching a short seminar on comparative law and economics or including a few sessions on the subject in a semester-long course on comparative law, difficulties arise when one searches for a bibliography—this is true whether one is preparing a mandatory or suggested reading list for students. It is always a struggle to find a comprehensive and appropriate comparative law and economics reference list.

One possible way to introduce the subject to students is to assemble a collection of seminal articles on appropriate topics. There are a few difficulties in introducing students to the subject in this way. First, due to the multidisciplinary nature of comparative law and economics, the language is often inconsistent across articles. Second, some articles are difficult for an audience not very familiar with formal mathematical models or advanced econometrics. Third, in subject matter, there is a widespread lack of harmony; there is even a lack of consistency in the acknowledgment of different authors, topics and approaches in comparative law and economics.

The alternative approach is to look for a more comprehensive source that systematically provides an approachable overview of comparative law and economics. Mattei (1998) is still an excellent seminal reference, but this book largely predates the rise and dominance of the legal origins’ theory in the debate between and among scholars, policymakers and international organizations such as the World Bank. More recent readings include De Geest (2009) and Eisenberg and Ramello (2016). Both books present a wonderful collection of insightful and noteworthy articles in comparative law and economics, but they are neither organized nor intended as a short introduction to students and researchers. They do not serve as a comprehensive roadmap to a more provocative and ambitious syllabus.

There are useful methodological overviews such as the ones provided by Caterina (2012) and Faust (2019). As a leading scholar in law and economics, Ogus offers plenty of comparative law examples in his excellent and engaging paperback (Ogus 2006).

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Publisher: Anthem Press
Print publication year: 2022

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