From economic to legal competition. New perspectives on law and institutions in Europe

Abstract:

It might surprise no one when lawyers and law-makers expend so much energy creating or deconstructing regulatory procedures governing competition in almost every aspect of life, that the law-makers themselves should indulge in competitive activity. Darwin's survival theories define competition as essential to the human condition. This work presents the debate over the merits of, and conditions for, a competitive provision of law with a special focus on the European Union, and deals with three major elements of the competitive provision of legal rules.

The first part addresses the demand side of the market and the conditions under which citizens and firms arbitrate between the different legal orders. The second approaches the issue from the supply side and is concerned with the answers and reactions of the producers of legal rules. The third section examines the justifications given to the intervention of the state. The final section contains chapters which discuss the conditions under which it may efficiently control the process of law revision.

The book will interest scholars and students of law and economics, and practitioners in the field of legal competition.

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