6th CPLJ Webinar (Comparative Procedural Law and Justice)

6th CPLJ Webinar (Comparative Procedural Law and Justice)

🎙 Max Planck Institute Luxembourg for Procedural Law 👥 1K 📅 July 13, 2021 ⏱ 168 min 👁 364 📄 debate 🧭 2026-08-18
Available in: English (current) Français

Keywords

comparative procedural lawlaw and economicslitigationlegal indicatorscivil procedure reform

Summary

The 6th CPLJ webinar, hosted by the Max Planck Institute Luxembourg for Procedural Law, features two presentations. First, Bruno Deffains (University of Paris II) discusses ‘Comparative procedural law and economics’, exploring how economic analysis can illuminate procedural rules. He covers micro-level analyses of litigation incentives, including models of optimism, strategic behavior, and cognitive biases, as well as the impact of costs, discovery, and evidentiary standards. He also addresses macro-level effects, using legal indicators to measure how procedural differences affect trade and economic outcomes. Second, Remco van Rhee (Maastricht University) presents ‘The use of foreign models of civil procedure in national law reform: ‘Lessons’ from History?’, examining historical examples of borrowing procedural rules across jurisdictions. The webinar aims to contribute to the CPLJ project’s goal of creating a comprehensive compendium on comparative civil justice.

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Critical Evaluation

Value of the Information & Strength of the Argument

The webinar provides valuable insights into the intersection of economics and comparative procedural law. Deffains’ presentation offers a structured overview of economic models applied to litigation, from classic cost-benefit analyses to more recent behavioral approaches, and illustrates how these models can inform comparative legal studies. His argumentation is solid, grounded in established literature (e.g., Posner, Tullock) and his own empirical work. Van Rhee’s historical perspective adds depth, questioning the efficacy of transplanting foreign procedural models and drawing on historical case studies. The presentations are complementary, offering both theoretical and practical perspectives. The discussion is rigorous, though some parts are dense and may require prior knowledge of law and economics.

Scientific Rigor, Source Quality, Title Accuracy

The webinar demonstrates high scientific rigor. Deffains references key scholars and studies (e.g., Landes, Gould, Posner, Tullock) and mentions his own research and data collection. Van Rhee draws on historical sources and legal scholarship. The sources cited are credible and relevant. The title accurately reflects the content, which is a focused academic webinar on comparative procedural law. The description provides context about the CPLJ project, enhancing credibility. No comments were provided for analysis.

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Title / Content Match

The title accurately reflects the content: a webinar on comparative procedural law and justice, with two presentations on economic analysis and historical perspectives.

Quality & Reliability

8/10

The webinar features two expert presentations by established scholars (Bruno Deffains and Remco van Rhee) in the field of comparative procedural law, with rigorous academic grounding. The content is well-structured and references key literature, though it is a recorded webinar without peer review.

Key Moments

Cited Sources

  • Democracy in America — Deffains quotes Alexis de Tocqueville to illustrate differences between common law and civil law approaches.
  • An Economic Analysis of Legal Procedure — Deffains references Richard Posner's seminal work on the economics of legal procedure.
  • Defending the Napoleonic Code — Deffains mentions Gordon Tullock's paper defending the Napoleonic Code in the debate on adversarial vs. inquisitorial procedures.
  • Doing Business — Deffains refers to the World Bank's Doing Business indicators as an example of legal indicators.
  • Comparative Procedural Law and Justice (CPLJ) Project — The webinar is part of the CPLJ project, and the description provides details about its goals.

Concurring Sources

  • The Economic Structure of Tort Law — Deffains' discussion on efficiency and error costs aligns with this work by Landes and Posner.
  • The Anatomy of Corporate Law — Relevant to the macro-economic effects of legal rules on investment and growth.

Dissenting Sources

Contribution & Novelties

The webinar contributes to the field by bridging economic analysis and comparative procedural law, offering a framework for evaluating procedural rules through both micro and macro lenses. Deffains’ presentation synthesizes existing economic models and introduces his own legal indicators, providing a novel tool for cross-country comparison. Van Rhee’s historical perspective adds a critical dimension, questioning the efficacy of legal transplants. The webinar thus enriches the CPLJ project’s aim to understand procedural rules in their cultural context.

Pour aller plus loin :

105 words

Radar Profile

The radar profile shows high scores in quantity and quality of information, reflecting the webinar's depth and academic rigor. The technical level is also high, indicating specialized content. The overall reliability is strong, given the expertise of the speakers and the institutional backing.

Reliability 8/10