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Va Savoir! - The Adage "Jura Novit Curia" In Contemporary France, Douglas Brooker
Va Savoir! - The Adage "Jura Novit Curia" In Contemporary France, Douglas Brooker
ExpressO
The Civilian adage jura novit curia – the court knows the law – for all that it is well recognised in France does not receive much scrutiny. This is unusual first because some claim it expresses a fundamental principle of French law and secondly because rules and practices associated with jura novit curia are controversial. The paper remedies the scholarly deficit, scrutinising seven definitions of jura novit curia to catalogue for the first time the divergent meanings associated with the adage and to analyse their status in French law and legal culture. While many meanings are attributed to jura novit …
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt
ExpressO
In this essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the U.S. In particular, we focus on three European countries - the United Kingdom (U.K.), Germany, and France. We argue that differences in culture, the legal system and the academy have led to differing degrees of success of the law and economics movement in each country. We speculate that, although there is currently less interest in the economic analysis of the law in Europe than in the United States, European interest could dramatically increase if scholars adopt …