Procedure

Peter Lewisch () and Jeffrey Parker ()
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Peter Lewisch: University of Vienna
Jeffrey Parker: George Mason University

A chapter in Law and Economics in Europe and the U.S, 2016, pp 185-209 from Springer

Abstract: Abstract The purpose of this chapter is to provide a general and cross-national economic analysis of procedural law, both civil and criminal. The presentation here emphasizes two refining perspectives that have been neglected or de-emphasized in the prior literature: (1) the property of procedural law as a substitute for as well as a complement to substantive law; and (2) the tradeoffs involved in a second dimension of subtstitution, which is between private and public enforcement. Within this framework, economic analysis is compared and contrasted with normative criteria as supplied by conventional legal dogmatics.

Keywords: Procedural System; Criminal Procedure; Procedural Rule; Civil Procedure; Private Enforcement (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:spr:euhchp:978-3-319-47471-7_11

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DOI: 10.1007/978-3-319-47471-7_11

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