Lost in Translation: The Economic Analysis of Law in the United States and Europe
Kenneth Glenn Dau-Schmidt
Indiana University Maurer School of Law
Carmen L. Brun
Sutherland Asbill & Brennan LLP
44 Colum. J. Transnat’l L. 602 (2006)
Indiana Legal Studies Research Paper No. 13
In this essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the U.S. In particular, we focus on three European countries - the United Kingdom (U.K.), Germany, and France. We argue that differences in culture, the legal system and the academy have led to differing degrees of success of the law and economics movement in each country. We speculate that, although there is currently less interest in the economic analysis of the law in Europe than in the United States, European interest could dramatically increase if scholars adopt more communitarian analyses aimed at analyzing legislative polices rather than judicial decisions.
Number of Pages in PDF File: 21
Keywords: Law and Economics, Law and Society, International, Comparative
JEL Classification: A14, F00, K10, K33, Z10Accepted Paper Series
Date posted: February 22, 2006 ; Last revised: June 26, 2013
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