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The Role of References to History, Comparative Law, and Institutional Economics Print
Brown Bag Seminar, Speaker: Prof. Dr. Dr.h.c. Erich Schanze LL.M. (Harv.), Professor II at the University of Bergen, Norway, permanent visiting professor at the University of St. Gallen (HSG)
25 May, 2009 from 12.15-13.45 Auditorium Anna Nussbaum, WTI, Berne, Switzerland

In Search for Archimedian Points in Legal Discourses: The Role of References to History, Comparative Law, and Institutional Economics

In the context of justification of legal decisions and the related context of discovery of legal principles the standard jurisprudential reference is “justice” and “fairness”.

In this presentation Professor Dr. Schanze will turn the view to the practice of discourses and the dominating strategies for ascertaining the validity of legal argumentation. What are more “concrete” or more “technical” references which are used by lawyers and which are considered to be “relevant” and /or “adequate” for conducting a structured legal discourse?

He maintains that there are three main approaches underlying the legal discourse in the last two centuries, associated with the names of Savigny, Rabel/Zweigert, and Coase/ Calabresi/ Posner.

Abstract
"In Search for Archimedian Points in Legal Discourses: The Role of References to History, Comparative Law, and Institutional Economics"

About the Speaker

Prof. Dr. Dr.h.c. Erich Schanze LL.M. (Harv.) b. 1942 is professor emeritus and former director of the the Institute for Comparative Law, Philipps Universitaet Marburg, Germany. Currently he is active as a Professor II at the University of Bergen, Norway, and as permanent visiting professor at the University of St. Gallen (HSG), Switzerland. In fall 2008 he held the Max-Schmidheiny Visiting Professorship for Entrepreneurship and Risk at St. Gallen. With 12 books and more than 90 major papers he is a specialist in complex international contracts and economic regulation, including the relevant aspects of comparative and private international law. In 2006 he obtained an honorary degree of HSG for his pioneering work in the field of law and economics. Before his time at Marburg, where he was dean and elected member of the senate, he taught at five German universities and as a visitor at Chicago, Columbia, Harvard, Stanford and Virgina. He is on the editorial board of several international journals for law and economics and the New Palgrave for Economics and the Law.



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