The aim of this paper is to advance our understanding of whether and to what extent Law&Economics has a future in addressing, both from a positive and from a normative point of view, legal systems which are outside the Western legal tradition. The analysis proceeds in the following way: Part One focuses on general issues of Comparative Law&Economics. We try to explain from an economic perspective what characteristics make Western law homogeneous in order to have a clear picture of which legal systems we are considering. Part Two discusses some of the assumptions of Law&Economics which may limit the possibility of a successful transplantation of this method outside the West. Part Three takes environmental tort law in several African and Latin American countries as an application of Law&Economics outside of the Western legal tradition. Part Four offers some general conclusions regarding the application of Law&Economics to legal analysis of so-called less developed countries.
- tort law,
- less developed countries
Available at: http://works.bepress.com/mauro_bussani/17/