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From Economic to Legal Competition
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From Economic to Legal Competition

New Perspectives on Law and Institutions in Europe

9781843760061 Edward Elgar Publishing
Edited by Alain Marciano, Université de Montpellier 1, France and Jean-Michel Josselin, Professor, University of Rennes 1 and CREM-CNRS, France
Publication Date: 2003 ISBN: 978 1 84376 006 1 Extent: 224 pp
The idea of legal competition as a decentralized market process of law provision in which legal clubs compete, has earned an indisputable legitimacy among economists. This book presents a debate concerning the merits of and conditions for a competitive provision of law, with a special focus on institutions in Europe.

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The idea of legal competition as a decentralized market process of law provision in which legal clubs compete, has earned an indisputable legitimacy among economists. This book presents a debate concerning the merits of and conditions for a competitive provision of law, with a special focus on institutions in Europe.

The authors analyse three major aspects of the competitive provision of legal rules. First, the conditions under which citizens and firms arbitrate between the different legal orders are investigated. The book then goes on to analyse the supply aspect of the legal market and the consequences of the competitive pressures on the behaviour of the lawmakers. Finally, the conditions under which the State may efficiently control the process of law provision are discussed and justifications to its intervention are presented.

A comprehensive study encompassing both private and public law, and applied and theoretical issues, this book will provide lively discussion and up-to-date research for students of law and economics, and an authoritative source of information for practitioners in the field of legal competition – in particular those specializing in European issues.
Contributors
Contributors: J.G. Backhaus, D. Danet, S. Delabruyère, K. de Smedt, M. Faure, L.P. Feld, R. Hansen, J.-M. Josselin, A. Marciano, M. Mühl, Y. Rocaboy, P. Salmon, D. Schmidtchen, B. Steunenberg, L. Vereeck
Contents
Contents: Preface 1. Introduction: Co-ordinating Demand and Supply of Law: Market Forces or State Control? 2. On ‘Legal Choice’ and Legal Competition in a Federal System of Justice: Lessons for European Legal Integration 3. Harmonization of Environmental Liability Legislation in the European Union 4. Resale Price Maintenance for Books in Germany and the European Union: A Legal and Economic Analysis 5. Tax Mimicking Among Regional Jurisdictions 6. Harmonization of Judicial Interest Payments and Litigation in a Federalist State 7. European Policymaking: An Agency-Theoretic Analysis 8. Accounting for Centralization in the European Union: Niskanen, Monnet or Thatcher? 9. From Fiscal Competition to Juridical Competition: Lessons from the French Experience Index
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