Never the Twain Shall Meet?

Why could law and economics theory (hereinafter L&E ) develop to become the most prominent theory in US legal scholarship, while still playing only a minor role in Europe? As this article is also meant as a gloss, as “a propagandist tracet”,1 I herein

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Klaus Mathis Editor

Law and Economics in Europe Foundations and Applications

Law and Economics in Europe

Economic Analysis of Law in European Legal Scholarship Volume 1

Series Editor Klaus Mathis, University of Lucerne, Switzerland Editorial Board Pierluigi Chiassoni, University of Genoa, Italy P´eter Cserne, University of Hull, United Kingdom Bruno Deffains, University Paris II – Sorbonne Universities, France Thomas Eger, University of Hamburg, Germany Mariusz J. Golecki, University of Ł´od´z, Poland Andreas Heinemann, University of Zurich, Switzerland R´egis Lanneau, University of Paris West Nanterre La D´efense, France Aur´elien Portuese, University of Westminster, United Kingdom Kai Purnhagen, University of Wageningen and Erasmus University Rotterdam, the Netherlands Lucia A. Reisch, Copenhagen Business School, Denmark Anne-Lise Sibony, University of Li`ege, Belgium Endre Stavang, University of Oslo, Norway

For further volumes: http://www.springer.com/series/11927

Klaus Mathis Editor

Law and Economics in Europe Foundations and Applications

123

Editor Klaus Mathis University of Lucerne Faculty of Law Lucerne, Switzerland

ISBN 978-94-007-7109-3 ISBN 978-94-007-7110-9 (eBook) DOI 10.1007/978-94-007-7110-9 Springer Dordrecht Heidelberg New York London © Springer Science+Business Media Dordrecht 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. P