Marciano, Alain; Josselin, Jean-Michel --- "From Economic to Legal Competition" (Edward Elgar Publishing, 2003) [2003] ELECD 58

Editor(s): Marciano, Alain; Josselin, Jean-Michel

Title: From Economic to Legal Competition

Sub-title: New Perspectives on Law and Institutions in Europe

Series: New Horizons in Law and Economics series

Topics: Public Finance; European Law

Publisher: Edward Elgar Publishing

Date of Publication: 26 September 2003

Number of pages: 224

ISBN (hard cover): 9781843760061

EISBN: 9781781950708

Abstract/Description:

The idea of legal competition as a decentralized market process of law provision in which legal clubs compete, has earned an indisputable legitimacy among economists. This book presents a debate concerning the merits of and conditions for a competitive provision of law, with a special focus on institutions in Europe.

The authors analyse three major aspects of the competitive provision of legal rules. First, the conditions under which citizens and firms arbitrate between the different legal orders are investigated. The book then goes on to analyse the supply aspect of the legal market and the consequences of the competitive pressures on the behaviour of the lawmakers. Finally, the conditions under which the State may efficiently control the process of law provision are discussed and justifications to its intervention are presented.

A comprehensive study encompassing both private and public law, and applied and theoretical issues, this book will provide lively discussion and up-to-date research for students of law and economics, and an authoritative source of information for practitioners in the field of legal competition – in particular those specializing in European issues.