Conflict of Laws
  • About
  • Editorial board
  • Subscription
  • Submission
  • Materials
  • Contact
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

Tag Archive for: paper

New Empirical Study in Comparative Law: “The Reasons Highest Courts Give: England, France, Germany; 1880–89 and 2007–16”

July 27, 2026/in News/by Tobias Lutzi

This post has kindly been provided by Markus Lieberknecht (University of Osnabrück).

It is our great pleasure to bring to readers’ attention the publication of the article “The Reasons Highest Courts Give: England, France, Germany; 1880–89 and 2007–16”, co-authored by Holger Spamann (Harvard Law School), Stefan Vogenauer and Jasper Kunstreich (MPI Hamburg), Heinrich Nemeczek (Scalable Capital) and Markus Lieberknecht (Osnabrück University), in The Journal of Legal Studies.

One of the core debates in comparative law concerns the characteristics, extent, and development of the common/civil law divide. In this context, it is a familiar trope that common and civil lawyers reason differently, but that the systems are converging. However, the empirical basis for such claims is thin to nonexistent. To address this paucity of data-backed research, we present the first systematic quantitative comparison of three paragon jurisdictions of common law (England) and civil law (France and Germany), and across two centuries (1880–89 vs. 2007–16). Specifically, we analyze the use of legal authorities (cases, statutes, and literature) in 40 representative opinions of each apex court in each of the two decades we surveyed.

Read more

https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Tobias Lutzi https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Tobias Lutzi2026-07-27 11:30:572026-07-27 11:30:57New Empirical Study in Comparative Law: “The Reasons Highest Courts Give: England, France, Germany; 1880–89 and 2007–16”

Categories

  • Views
  • News

Most Recent Posts

  • Maintenance Duties for a Gestational Surrogate Following Non-Recognition – An Unreported Spanish Judgment September 22, 2026
  • From Symbolism to Substance: Comity and Judicial Reform in South Africa’s Foreign Judgments Regime September 15, 2026
  • Persistent and Reasonable Efforts in the Field of Cross-Border Service of Documents. Continuation or Stay of Proceedings? September 12, 2026
  • Speaking for the Dead: Idziski and the Forum for Post-Mortem Likeness Claims September 7, 2026
  • Book Review: Andrew Dickinson and Alexander Thompson, The State Immunity Act 1978 (OUP, 2025) September 7, 2026
  • Political Immobilisation of Iranian Diaspora Property: Lex Situs, Human Rights and Public Policy August 22, 2026
  • The Demise of the Lex Domicilii Matrimonii in South African Private International Law August 18, 2026
  • Support in cross-border transactions by Adults: Contract law vs capacity law August 12, 2026
  • Recognition of Italian Extrajudicial Divorces in Tunisia — Between Methodological Uncertainty and the Need to Preserve Continuity of Personal Status Across Borders August 9, 2026
  • Private International Law and European Society August 4, 2026
  • The New Zealand Supreme Court’s judgment in Kea Investments Ltd v Wikeley on anti-enforcement relief August 3, 2026
  • Beyond Domicile: The BHP Litigation and the Functional Interconnection of Public and Private International Law August 3, 2026
  • Conflicts of jurisdiction in Senegal: lesson from the Senegalese Supreme Court on Lis Pendens and the Exequatur of foreign judgments July 27, 2026
  • Adoption in the proposal for a European Parenthood Regulation July 21, 2026
  • Copyright, Targeting and Geo-Blocking: The CJEU Stirs the Pot July 15, 2026
Scroll to top Scroll to top Scroll to top