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Comparative and Foreign Law

1997

Law and Development

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Making The Other Path Efficient. Economic Analysis And Tort Law In Less Developed Countries, Mauro Bussani, Ugo Mattei Jan 1997

Making The Other Path Efficient. Economic Analysis And Tort Law In Less Developed Countries, Mauro Bussani, Ugo Mattei

Mauro Bussani

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 …