Formats for Law and Economics in Legal Scholarship: Views and Wishes from Europe

This Article discusses the role of law and economics in Europe’s law schools, paying attention mainly to local law and economics efforts, as opposed to internationally visible research output and education. The goal is to provide a more complete picture of the importance of law and economics in European law schools, thus allowing for a more robust analysis of the challenges to a broader adoption of law and economics among European law faculties. This Article begins with an overview of law and economics in Europe at present. It proceeds to analyze incentives that currently exist—or could be created—which further the adoption of law and economics among law faculties and orient the research output to a national audience. The Article then examines communication issues associated with local law and economics efforts and offers suggestions regarding how to successfully overcome challenges raised by those issues which have an impact on the scope of study and use of law and economics in law schools and legal communities. The Article also includes meaningful insights and practical feedback from professionals in the field. Ultimately, the Article concludes that, in Europe, the practice of law and economics by law faculties varies greatly between countries, that Europe’s internationally visible law and economics outputs do not give the full measure of its total law and economics production, and that, while there are several barriers to broader adoption of law and economics among law faculties in Europe, those barriers are not insurmountable.

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