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Procedure

In: Law and Economics in Europe and the U.S

Author

Listed:
  • Peter Lewisch

    (University of Vienna)

  • Jeffrey Parker

    (George Mason University)

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.

Suggested Citation

  • Peter Lewisch & Jeffrey Parker, 2016. "Procedure," The European Heritage in Economics and the Social Sciences, in: Alain Marciano & Giovanni Battista Ramello (ed.), Law and Economics in Europe and the U.S, pages 185-209, Springer.
    • Handle: RePEc:spr:euhchp:978-3-319-47471-7_11
    DOI: 10.1007/978-3-319-47471-7_11
    as

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