Developments in Law and Economics in the Italo-Iberoamerican Context / edited by Silvia Zorzetto, Betzabé Marciani Burgos, José Enrique Sotomayor Trelles, Francesco Ferraro.

Format:

Book

Author/Creator:

Zorzetto, Silvia.

Series:

Economic Analysis of Law in European Legal Scholarship, 2512-1308 ; 21

Language:

English

Subjects (All):

Conflict of laws.

International law.

Comparative law.

Law--Philosophy.

Law.

Law--History.

Law and economics.

Private International Law, International and Foreign Law, Comparative Law.

Theories of Law, Philosophy of Law, Legal History.

Law and Economics.

Local Subjects:

Private International Law, International and Foreign Law, Comparative Law.

Theories of Law, Philosophy of Law, Legal History.

Law and Economics.

Physical Description:

1 online resource (493 pages)

Edition:

1st ed. 2025.

Place of Publication:

Cham : Springer Nature Switzerland : Imprint: Springer, 2025.

Summary:

This volume brings together a collection of essays that critically engage with the methodological foundations, historical development, and contemporary applications of Law and Economics across diverse legal systems. Anchored in a comparative and interdisciplinary perspective, the volume reaffirms the enduring relevance of civil law of European origin as a shared legal tradition, while simultaneously scrutinising the promises and limitations of applying economic reasoning to law. The point of departure is twofold: first, the centrality of legal institutions in shaping social order and in conceptualising law not merely as a set of rules, but as a historically contingent and normatively rich system; second, the imperative to interrogate the philosophical, moral, and political assumptions that underpin economic analysis, often obscured under the guise of methodological neutrality. Through a dialogue between international scholars, the chapters address both classical and emerging questions. Core themes include the principle of wealth maximisation, the contested legacy of Pareto efficiency, and the image of the legislator as a rational decision-maker. Equally, the volume delves into contemporary concerns, such as behavioural analysis, the normative implications of nudging strategies in criminal law, and the growing influence of evidence-based legal design. Several essays explore the expressive and symbolic dimensions of law, offering insights into the interaction between legal norms and social meanings—areas where traditional economic models struggle to provide adequate explanatory power. Others examine the legislative process itself through the lens of L&E, engaging with debates on the relative merits of rules versus standards and the cost-benefit calculus in regulatory design. In addition to theoretical investigations, the volume offers historical and contextual analyses of the reception and evolution of L&E in countries such as Mexico, Peru, Colombia, Chile, Ecuador, Portugal, and Italy. These contributions reveal the contingent trajectories of L&E scholarship outside the Anglo-American mainstream, highlighting both its diffusion and its local reinterpretations. Taken together, the essays invite a reconsideration of civil law not only as a legal order but as an intellectual heritage capable of engaging critically with economic paradigms—neither uncritically embracing them nor rejecting them in toto, but seeking a deeper integration that remains attentive to legal specificity, normative coherence, and institutional context.

Contents:

Civil law as a common heritage, challenges for law and economics and for comparative law

PART I: PERSPECTIVES ON THE NORMATIVITY OF L&E

Against the Myth of Methodological Neutrality: The Philosophical-Political and Moral Assumptions of Law and Economics

The symbolic aspects of law between expressive theories and economic analysis

The Principle of Social Wealth Maximization and Rule Utilitarianism: some considerations

CALABRESI V. PARETO. Preferences, Harm, and Efficiency

PART II: APPLIED L&E AND INSTITUTIONAL POLICY-MAKING

"Economist Legislators”: The Use of Economic Analysis of Law in the Lawmaking Process

Better Regulation, Cost-Benefit Analysis and Evidence Based Legal Design: A Critical Inquiry

Nudge in Criminal Law: Behavioral Analysis Challenges to Traditional Justification of Punishment in Criminal Law Theories

Criminal Law and Economic Analysis of Law. Is it worth the money?

The Contributions of a Credit View of Money (and Heterodox Economics) to a Better Understanding of the Monetary System

COLLATERAL ESTOPPEL IN THE BRAZILIAN CIVIL PROCEDURE: A LAW AND ECONOMICS APPROACH

PART III: ITALO-IBEROAMERICAN EXPERIENCES OF EAL

THE IMPORTANCE OF THE ECONOMIC ANALYSIS OF LAW (EAL): SOME THOUGHTS FOR COLOMBIA, CHILE, AND ECUADOR

Rise and Peak of Peruvian Law and Economics

Understanding the origins of Economic Analysis of Law in Mexico

THE STAGES OF THE “ITALIAN STYLE” IN LAW & ECONOMICS. ORIGINS, EVOLUTIONS AND LATEST DEVELOPMENTS

Law and Economics in Portugal – an overview of the last 20 years.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

3-032-03317-9

9783032033178

OCLC:

1572206593