Thursday, 29 May 2008

Sunday, 25 May 2008

Lawyers and Economists …

I just spent a great time in Corsica, attending ESNIE (see previous post). Now, I could blog about a lot of things. Let’s focus on one point: the disregard of and/or misunderstanding between (other) disciplines. Often this may be the result of the narrow-mindedness of lawyers. However, I just experienced two examples in which economists were the “culprits”:

(1) At ESNIE Dan Berkowitz was introduced as the inventor (!) of the concept of legal transplants. Although he (with Pistor and Richard) wrote the important piece about the transplant effect in 2000, a lawyer has to be surprised about such a statement because the legal historian Alan Watson really invented the concept of legal transplants thirty years earlier.

(2) A couple of economic papers talked about “legal origins” (i.e. common law and civil law), assuming that this distinction is more or less uncontroversial. Of course, this is not the case (see my piece here). So, we really have a great misunderstanding. Economists have “transplanted” the idea of legal origins from comparative law without realising that modern comparative lawyers do not believe in this simplistic distinction any more.

Saturday, 17 May 2008

More Regular Blogging (and ESNIE)

Having had a busy semester I haven’t blogged a lot in the last few months. Now, I promise to be more active…. Well, perhaps not immediately because I am travelling to ESNIE 2008 in Corsica tomorrow. The ESNIE 2008 papers are available here and here.