On the afternoon of November 10, 2025, Emanuel V. Towfigh, Prof. of Law and Economics and Vice Dean at EBS Law School in Germany, delivered a lecture titled "Law and Economics in Europe" as the featured speaker of the Peking University Law School's Global & Comparative Law Lecture Series. The lecture was chaired by Dai Xin, Deputy Dean and Tenured A. P. of Peking University Law School.

Dai Xin pointed out that in the United States, the field of law and economics emerged relatively early. Research shows that judges who have received training are more inclined to incorporate economic reasoning and concepts into their judicial opinions.However, the situation in Europe has always been more complex. In countries such as the Netherlands, Germany, and Italy, law and economics research has followed distinct developmental trajectories, seemingly lacking a unified framework. This is precisely why today's topic is so intriguing.

Prof. Towfigh specializes in public law, and his research has successfully bridged public and private law. During his master's studies, he pursued economics and conducted research at the Max Planck Institute, known for its strong emphasis on empirical research. He now teaches courses in jurisprudence, public law, law and economics, and empirical research.

Prof. Towfigh introduced law and economics in Europe from three perspectives.At first, he talked about the background. In Europe, researchers either target the legal community, applying economic reasoning to legal issues; or target the economics community, treating law as a case study subject for their analytical tools. Therefore, precisely defining the target audience presents a significant challenge for interdisciplinary research. Then, he introduced the differences in legal culture between the United States and Germany. German legal scholarship has a deep tradition of dogmatics, placing greater emphasis on the coherent interpretation of legal norms. In contrast, American legal scholarship focuses more on judicial decisions, outcomes, and societal impacts, engaging less with legal texts and prioritizing policy-level analysis.Finally, he outlined the rise and development of law and economics in Europe, particularly its shift toward empirical research.

To sum up, empirical and behavioral science approaches are gradually gaining recognition in Europe, particularly among younger scholars. Ultimately, the core issue remains audience targeting. Since most European law schools do not employ economists, lawyer-scholars often publish in legal journals aimed at legal practitioners. While interdisciplinary papers exist, they have not coalesced into a coherent “academic movement.” Dogmatics studies remain central to German legal scholarship, but empirical and behavioral perspectives are now widely acknowledged as valuable. While law and economics may never become an independent “academic movement” in Europe, it has emerged as a highly influential component within the diverse landscape of legal thought.

Translated by: Zeng Linyu

Edited by: Jiang Yajie