アラン・マルシアーノ=ジャン-ミシェル・ジョセリン編『ヨーロッパ法調和の経済学』

抄録

This review encompasses analytical propositions put forward by the book, entitled as above. The book is a collection of formidable papers presented at the Conference of European Association of Law and Economics held at the University of Corsica, France, in May 2000. Selected papers, all contributed by distinguished professors, who have shown marked scholarship in the field of law and economics throughout Europe, were considerably revised before being compiled in this book. “European law” is intended not only to be EU law as harmonized among the member states, but also among any country in Europe which has potential to be a member state, as well as national law of each European country.
Whereas Europe has been a subject of economic analysis, European law itself has not been of great concern to economists. This book delves into this academic trend and refers to the usefulness of the economic tool of analysis, developed in law and economics. Examples of this usefulness are, among others, the rational actors' model in analyzing private individuals' behaviour, political economic considerations in rent-seeking by interest groups or Tiebout's model in competitive local authorities, as developed by the law and economics academia, which may be equally applicable to the EU or European processes of law-making and jurisprudence. Public choice theory in political economy is also of great value to the analysis of judicial actions paralleled with political actions in the member states. In any event, the main aim of this book is an exploration of the legislative and judicial framework of Europe towards the future, by using the above economic methods. Competition (natural selection) vs. harmonization, decentralization in the process of harmonization and centralization in the process of creation are subject to circumspect considerations from the context of evolution of EU or European law.
The issues are presented in the order from general to specific, with the concluding part concerning a future integration of Europe. Although the likely economic analytic methods used in each issue are variable, the core and in-depth cognitive proposition is to canvass a view of desirable European integration, which could be justified through economic analysis.
While allowing for a variety of economic methods depending upon each specific topic, this author's scepticism may arise as to whether economic methods used in each topic are appropriate. Whether marginal analysis, the mainstay of microeconomics, can be applicable when precise value of costs and benefits are not quantified (whether costs or benefits associated with ripple effects, opportunity costs or psychic benefits may be included, etc.); whether an ambiguous concept such as legal culture may be analyzed and expected from a perspective of market behaviour, although this author appraises an innovative attempt at juxtaposing legal culture within the borders with a concept of natural monopoly in order to justify the differentiation of legal culture among. the member states.
The overall course of action, that arguments in the book suggest, and we may regard as its possible conclusion, imply the justification of retaining differences in the member states or, say, Europe. This is perfectly right as legal (i. e., legislative as well as judicial) integration of Europe has been directed more towards a socio-economic Europe than an economic union. The significance of the book is first to show and justify this direction of Europe from an economic perspective. However, any detail of analytic methodology should be re-evaluated as this is a crucial point which might completely undermine the concept of the book. Moreover, further refined discussions concerning other specific areas of law that the book does not address is necessary with a view to substantiating the maintenance of member states' or nation-state's autonomy in harmonizing European law.