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Lost in Translation: The Economic Analysis of Law in the United States and Europe

21 Pages Posted: 22 Feb 2006 Last revised: 26 Jun 2013

Kenneth Glenn Dau-Schmidt

Indiana University Maurer School of Law

Carmen L. Brun

Sutherland Asbill & Brennan LLP

Abstract

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.

Keywords: Law and Economics, Law and Society, International, Comparative

JEL Classification: A14, F00, K10, K33, Z10

Suggested Citation

Dau-Schmidt, Kenneth Glenn and Brun, Carmen L., Lost in Translation: The Economic Analysis of Law in the United States and Europe. 44 Colum. J. Transnat’l L. 602 (2006); Indiana Legal Studies Research Paper No. 13. Available at SSRN: https://ssrn.com/abstract=884250 or http://dx.doi.org/10.2139/ssrn.661641

Kenneth Glenn Dau-Schmidt (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-0697 (Phone)
812-855-0555 (Fax)

Carmen L. Brun

Sutherland Asbill & Brennan LLP ( email )

1275 Pennsylvania Avenue NW
Washington, DC 20004-2415
United States
202-383-0258 (Phone)
202-637-3593 (Fax)

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