Economic Analysis of Law in European Legal Culture

The Department for Private Law has, since the early 1980s, been active in the field of Economic Analysis of Law, and its potential and limits within jurisprudence and "legal science".

In this seminar, Professor Klaus Mathis from Lucerne and PhD student Lynn Gummow is invited to provide some new input to consider in the fulfillment of such a mission.

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Illustrasjon: Cappelen Akademiske forlag

Seminar programme

Chair: Professor Jukka Mähönen, University of Oslo

09:45 - 10:00 Arrival and coffee
10:00 - 10:10


Professor Endre Stavang, University of Oslo

10:10 - 11:00

My Chair and the work that I do and supervise – A brief overview

Prof. Dr. Klaus Mathis, University of Lucerne

11:00 - 12:00

Economic Arguments in Legal Reasoning – Project Presentation

Lynn Gummow, University of Lucerne

12:00 - 12:45 Lunch
12:45 - 14:00

Q&A and discussion

Presentation Summary

The role of economic analysis in law is a much debated topic. While it has become readily acceptable, and even in some instances mandatory for economic impact assessments to be included in the legislative process. The application of economic arguments in legal adjudication is still highly contentious.

Prof. Klaus Mathis will discuss the role of economic analysis in regulation. Firstly, he will describe the Regulatory Impact Analysis conducted during the Swiss legislative process. Subsequently, he will delve into the behavioural law and economics uses in legislation by the example of “Nudging”. Finally, he will give a brief overview of the law and economics movement at the University of Lucerne.

Lynn Gummow will discuss the potential openings in legal reasoning for economic arguments in adjudication. The first opening for economic arguments is given where statutes explicitly instruct the courts to apply such arguments. The second opening can occur when the interpretation strategy pursued seeks to find the purpose or aim of a norm in question. Another opening to economic arguments can be seen in instances where the court makes proportionality considerations. Finally, economic arguments can also be found in instances where the judge must act modo legislatoris.

The proposed openings to economic arguments will be illustrated by means of a comparative case study between a civil law and a common law tradition jurisdiction, the purpose of which is to see, if the theoretical openings to economic arguments result in the actual use of economic arguments by the Courts.



Published Aug. 13, 2019 1:42 PM - Last modified Aug. 10, 2020 10:13 AM