Comparative Law and Economics
In this seminar we look at the work of Ugo Mattei, who pioneered what he calls comparative law and economics. The readings include a general methodological paper, plus two case studies of the method being applied. I have also added an alternative reflection on comparative law and economics from Anthony Ogus, who is one of the leading British scholars working on law and economics; his work is generally also more circumspect than that of Posner/Becker.
Mattei ‘Efficiency in Legal Transplants: an Essay in Comparative Law and Economics’ (1994) 14 International Review of Law and Economics 3
Ogus ‘Competition between National Legal Systems: A Contribution of Economic Analysis to Comparative Law’ (1999) 48(2) International and Comparative Law Quarterly 405
AND ONE FROM
Hansmann and Mattei, ‘The Functions of Trust Law: a Comparative Legal and Economic Analysis’ (1998) 73 New Yor University Law Review 434
Mattei ‘The Comparative Law and Economics of Penalty Clauses in Contracts’ (1995) 43(3) American Journal of Comparative Law 427