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Lehrende: Dr. Roee Sarel
Veranstaltungsart:
Vorlesung
Anzeige im Stundenplan:
Introduction Law and
Semesterwochenstunden:
2
Credits:
2,0
Unterrichtssprache:
Englisch
Min. | Max. Teilnehmerzahl:
- | -
Weitere Informationen:
Es besteht die Möglichkeit eine SPB-Hausarbeit anzufertigen.
Kommentare/ Inhalte:
“Law & Economics”—also known as the economic analysis of law—is in essence about assessing the actual behavioural impact of any legal norm (e.g., “do our current laws deter individuals from dodging public transport fares or committing parking violations?).” While the economic analysis of law is an established part of the teaching programme in the United States, the same cannot yet be said about Europe. The Faculty of Law at Universität Hamburg is among the first German higher education institutions to commit to teaching Law & Economics to its law students. You are thus provided with an exceptional opportunity!
The world of today, and tomorrow, is one of interdisciplinary skills. The demand for lawyers trained in economics from international law firms, business consultancies, political advisory boards and research institutes has soared in recent years. Expertise in the economic analysis of law not only assists in establishing a smooth start to your career, but also adds significant value to your studies and contributes to the successful completion of your state examinations.
As the name suggests, the economic analysis of law lies at the interface between law and economics. The approach focuses on the basics of human behaviour and teaches economic tools that help predict how, for example, people affected by certain laws and regulations, may react. In the United States, these insights often inform judicial opinions, resulting in numerous renowned court decisions, such as those regarding liability in cases of negligence (i.e., Learned Hand Formula). Economic methods are crucial for a deeper understanding of legal problems.
Economic analysis not only contributes to decision-making for individual cases, such as court rulings, but can also justify the need for legislation. Similarly, basic economics helps to provide for sustainable use of scarce resources, and in designing incentive schemes set by legal rules.
Analysis can be theoretical or empirical in nature, and the economic analysis of law in this sense goes beyond a purely legal analysis. As such, it provides a substantial benefit for lawyers, as well as for business, economic, and tax consultants—a key part of their role lies in the precise assessment of the incentives provided by complex contracts and domestic or foreign laws—making the capacity for economic analysis a prerequisite for any successful legal advice.
The specialisation VI “Law & Economics” familiarises students with the benefits and opportunities of legal-economic argumentation and equips them with the interdisciplinary toolkit—knowledge of both law and economics—that is increasingly in demand both nationally and internationally.
Starting in Winter Semester 2018 the whole specialisation will be taught in English.
About this course:
How should contracting parties assign risk? Which actor should compensate for damage? How does law enforcement create incentives for compliant behaviour for potential violators? In which situations is it justified from an economic point of view to define a legal provision as a “mandatory rule?”
This introductory course opens with a discussion of the often tense relationship between the efficiency criteria, on the one hand, and justice, on the other. The course primarily serves to familiarise students with the basic concepts and methods of law & economics. While Course 1 offers an overview of the basics of the economic behavioural model, Course 2 provides simple examples for applying that model to central legal topics.
The aim of the course is to enable students to carry out a basic economic analysis of a legal provision on their own. The starting point for such an analysis is the incentive structures (“will I follow a legal norm?”), resulting from differently designed legal norms.
Please refer to the introductory literature.
Textbook Law&Economics:
https://scholarship.law.berkeley.edu/books/2/
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