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Contribution to Book
Making the Other Path Efficient. Economic Analysis and Tort Law in Less Developed Countries
The Law and Economics of Development (1997)
  • Mauro Bussani
  • Ugo Mattei
Abstract

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.

Keywords
  • tort law,
  • less developed countries
Publication Date
1997
Editor
E. Buscaglia, W. Ratcliff and R. Cooter
Publisher
Jai Press
Citation Information
Mauro Bussani and Ugo Mattei. "Making the Other Path Efficient. Economic Analysis and Tort Law in Less Developed Countries" Greenwich, Ct.-LondonThe Law and Economics of Development (1997)
Available at: http://works.bepress.com/mauro_bussani/17/