The Economic Analysis of Civil Law Second Edition

This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.

Key features include:

• Examples and cases that illustrate central concepts of the economic analysis of law in relation to civil law doctrines
• Examination of the core areas of civil law: tort law, contract law, property law, intellectual property law as well as basic problems of insolvency law and corporate law
• In-depth analysis of the legal rules of statutory law and judge-made law, demonstrating the extent to which these rules are either based on economic criteria or run parallel to them – and the extent to which such criteria facilitate the application and further development of law.

This substantially revised second edition presents the latest insights into legal economic research, including important empirical and behavioural deliberations. It will be a valuable guide for advanced undergraduate and postgraduate students of law and economics.

Hans-Bernd Schäfer, Affiliate Professor, Bucerius Law School Hamburg, and Professor (em.) of Law and Economics, University of Hamburg, former Director, Institute of Law and Economics and Claus Ott, Emeritus Professor of Civil Law, University of Hamburg, Germany