Audit Ambiguis Aegyptus Protea Verbis Narrantem Summi Mystica Sensa Jovis –Reflections on “Law and Economics” in Common Law and Continental European Law
Audit Ambiguis Aegyptus Protea Verbis Narrantem Summi Mystica Sensa Jovis – Reflections on “Law and Economics” in Common Law and Continental European Law

Summary/Abstract: It is interesting how scholars within the social sciences frequently “uncover” and express fascination with phenomena that have consistently been present. Here, “phenomena” broadly speaking refers to any observable social behaviours or realities that are conspicuously present, not merely visible but also embedded within the normative frameworks designed to regulate said realities, fundamentally assumed within these structures’ premises. This is particularly interesting in the context of contract law, where it is reasonable to presume that the legal norms in place account, first of all, for the interests of the parties involved in a contract, and only subsequently take into consideration wider societal interests. This paper contemplates the potential for reevaluating the interests of contractual parties through the lens of “efficiency analysis” grounded in the “law and economics” perspective, by following the concept of contract such as it evolved from Roman law to both European continental and common law traditions. In this investigation, I aim to determine whether the concept of "efficient breach of contract," as understood in common law, introduces a novel understanding of individual interests, possibly overlooked within the civil law tradition. I also seek to determine what is problematic in the uses of this theory in law.

• Details
• Contents