The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutional design in lawmaking. They consider the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement. This book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. Parisi and Fon provide an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. They also consider the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explore sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.

The Economics of Lawmaking

Parisi, Francesco

Fon, Vincy

Rules & Procedures

Oxford University Press

The Language of Law and Economics: A Dictionary

From a historical perspective, 'law and economics' was one of the most influential developments in legal scholarship in the twentieth century; it remains today one of the dominant perspectives on the law, generating a tremendous quantity of new research and discussion. Unfortunately, the rewards of applying the analytical methods of one highly technical field to the historically layered substance of another has resulted in considerable overhead, requiring fluency in both the language of economics and the language of the law. Further complicating matters, law and economics has sometimes developed independently, creating new terms, while recasting others from their original economic or legal meanings. In this dictionary of law and economics, Francesco Parisi provides a comprehensive and concise guide to the language and key concepts underlying this fecund interdisciplinary tradition. The first reference work of its kind, it will prove to be an invaluable resource for professionals, students and scholars.

Business & Money

Economics

Cambridge University Press

For fifty years, the first edition of The Italian Legal System has been the gold standard among English-language works on the Italian legal system. The book's original authors, Mauro Cappelletti, John Henry Merryman, and Joseph M. Perillo, provided not only an overview of Italian law, but a definition of the field, together with an important contribution to the general literature on comparative law. The book explains the unique "Italian style" in doctrine, law, and interpretation and includes an extremely well-written introduction to Italian legal history, government, the legal profession, and civil procedure and evidence. In this fully-updated and revised second edition, authors Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi describe the substantial changes in Italian law and society in the intervening five decades―including the creation and impact of the European Union, as well as important advances in comparative law methodology. The second edition poses timely, relevant questions of whether and to what extent the unique Italian style of law has survived the pressures of European unification, American influence, and the globalization of law and society in the intervening period. The Italian Legal System, Second Edition is an important and stimulating resource for those with specific interest in Italy and those with a more general interest in comparative law and the globalization process.

The Italian Legal System: An Introduction, Second Edition

Livingston, Michael A.

Monateri, Pier Giuseppe

Administrative Law

Stanford Law Books

This new book examines the economic foundations of the European Union and seeks to give the reader a solid grounding of the core concepts that explain why EU law looks and works as it does. Law and Economics of the European Union emphasizes case law and comparisons to analogous doctrines and problems that arise in the implementation of U.S. federalism. The authors strike a balance between the "constitutional" aspects of the EU — the establishment and the delineation of the institutions, with emphasis on their powers vis-à-vis the states that make up the Union - and the regulatory product of the European Community, in particular the law that implements the freedom of movement of goods, services, persons, and capital. The final chapter looks at competition law in the EU, with multiple comparisons to U.S. antitrust law. This book reflects the authors' judgment that the EU, as an institution and the source of a body of law, has played, and will continue to play, an important role in contemporary international and business life.

Law and Economics of the European Union

Depoorter, Ben

Stephan, Paul

Foreign & International Law

Carolina Academic Press

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