Abstract:
In the field of comparative law, the use of economic analysis has been at the same time fashionable and controversial. Notwithstanding its controversial acceptance in the discipline, the so-called comparative law and economics method is an important example of the application of economics to areas that were once considered beyond the realm of economic analysis. This article discusses the multiple roles that quantitative economic methods (both theoretical and empirical) can play for comparative legal analysis.
Parisi, Francesco and Luppi, Barbara, Quantitative Methods in Comparative Law (May 2, 2012). Minnesota Legal Studies Research Paper No. 12-20.
Purpose
Saturday, June 9, 2012
The Unification of Private Law in Europe from the Perspective of Polish Legal Culture
Abstract:
The paper analyses the relationship between the possible future unification of private law in the European Union and Polish culture of private law understood as the ability of Polish legal culture to adapt to a new unified European private law in the future. Based on the assumption that Polish culture of private law does not have a ‘unique’ or ‘original’ character making it qualitatively distinct from e.g. German or French legal culture, the paper argues that Polish legal culture as such does not pose any obstacles to the unification of private law. The paper also analyses the possible impact of the unification of Polish private law on the practices of Polish legal culture, i.e. legislation, adjudication, legal counselling, scholarship and education. It argues that the unification would be the most beneficial for Polish practitioners and scholars, making their professions much more internationalised than at present and enhancing the possibility of their effective free movement across the Union. The same applies to legal education: the new unified European private law introduced into curricula of law schools, law faculties and legal professional training would mean that Polish students and apprentices would study subjects of a pan-European, and not only national relevance. A benefit common to judges, practitioners and scholars would be the possibility of resorting to a much wider scope of case-law and scholarly writings in pleadings, court decisions and academic discussions de lege lata. However, it would also be important to ensure that an input from Polish scholars is made into the new European doctrine of private law, so that the movement of legal ideas is not only one-sided.
Mańko, Rafał, The Unification of Private Law in Europe from the Perspective of Polish Legal Culture (2008). (2007-2008) 11 Yearbook of Polish Legal Studies 109.
The paper analyses the relationship between the possible future unification of private law in the European Union and Polish culture of private law understood as the ability of Polish legal culture to adapt to a new unified European private law in the future. Based on the assumption that Polish culture of private law does not have a ‘unique’ or ‘original’ character making it qualitatively distinct from e.g. German or French legal culture, the paper argues that Polish legal culture as such does not pose any obstacles to the unification of private law. The paper also analyses the possible impact of the unification of Polish private law on the practices of Polish legal culture, i.e. legislation, adjudication, legal counselling, scholarship and education. It argues that the unification would be the most beneficial for Polish practitioners and scholars, making their professions much more internationalised than at present and enhancing the possibility of their effective free movement across the Union. The same applies to legal education: the new unified European private law introduced into curricula of law schools, law faculties and legal professional training would mean that Polish students and apprentices would study subjects of a pan-European, and not only national relevance. A benefit common to judges, practitioners and scholars would be the possibility of resorting to a much wider scope of case-law and scholarly writings in pleadings, court decisions and academic discussions de lege lata. However, it would also be important to ensure that an input from Polish scholars is made into the new European doctrine of private law, so that the movement of legal ideas is not only one-sided.
Mańko, Rafał, The Unification of Private Law in Europe from the Perspective of Polish Legal Culture (2008). (2007-2008) 11 Yearbook of Polish Legal Studies 109.
Sunday, June 3, 2012
Legal Cultures and Legal Transplants in Germany
Abstract:
At first glance, many jurists often perceive their own (Private) law to be somewhat hermetic in nature. Their law exists in its own self-contained cosmos, independent from others in the legal universe, yet its atmosphere is sometimes breached by the ‘meteorites’ of international and European law. The reasons for this perception are clear: it is often difficult to ascertain in ones own legal system the influences from foreign (or supranational) law and from foreign legal cultures. This is impeded further by most universities failing to approach this topic, except briefly in the context of international and European law. The following therefore shall attempt to at least attenuate this deficit by providing a ‘birds-eye view’ of German law. In doing so, not only shall the clear marks left in each legal area by foreign and supranational law be shown, but also how they continue to considerably impact upon the German legal landscape and legal culture.
Janssen, Andre and Schulze, Reiner, Legal Cultures and Legal Transplants in Germany (2011). European Review of Private Law, Vol. 2, pp. 225-256, 2011.
At first glance, many jurists often perceive their own (Private) law to be somewhat hermetic in nature. Their law exists in its own self-contained cosmos, independent from others in the legal universe, yet its atmosphere is sometimes breached by the ‘meteorites’ of international and European law. The reasons for this perception are clear: it is often difficult to ascertain in ones own legal system the influences from foreign (or supranational) law and from foreign legal cultures. This is impeded further by most universities failing to approach this topic, except briefly in the context of international and European law. The following therefore shall attempt to at least attenuate this deficit by providing a ‘birds-eye view’ of German law. In doing so, not only shall the clear marks left in each legal area by foreign and supranational law be shown, but also how they continue to considerably impact upon the German legal landscape and legal culture.
Janssen, Andre and Schulze, Reiner, Legal Cultures and Legal Transplants in Germany (2011). European Review of Private Law, Vol. 2, pp. 225-256, 2011.
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