| 书目名称 | Precedent and Statute | | 副标题 | Lawmaking in the Cou | | 编辑 | Orlin Yalnazov | | 视频video | | | 概述 | A legal theoretical critique of the efficiency of the common law hypothesis. | | 丛书名称 | Ökonomische Analyse des Rechts | Economic Analysis of Law | | 图书封面 |  | | 描述 | Should laws be made in courts or in parliaments? Orlin Yalnazov proposes a new approach to the problem. He conceptualizes law as an information product, and law-making as an exercise in production. Law-making has inputs and outputs, and technology is used to transform one into the other. Law may, depending on input and technology, take on different forms: it can be vague or it can be certain. The ‘technologies’ between which we may choose are precedent and statute. Differences between the two being sizeable, our choice has significant repercussions for the cost of the input and the form of the output. The author applies this framework to several problems, including the comparison between the common and the civil law, comparative civil procedure, and EU law. Perhaps most critically, he offers a critique of the ‘efficiency of the common law’ hypothesis. | | 出版日期 | Book 2018 | | 关键词 | Precedent; Statute; Theory of Law; Anglo-American Law; Codification; Economic Theory of Law; Civil Law; Pri | | 版次 | 1 | | doi | https://doi.org/10.1007/978-3-658-24385-2 | | isbn_softcover | 978-3-658-24384-5 | | isbn_ebook | 978-3-658-24385-2Series ISSN 2524-7360 Series E-ISSN 2524-7379 | | issn_series | 2524-7360 | | copyright | Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2018 |
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发表于 2025-3-21 19:20:18
