Some legal determinants of external finance in Scotland: A response to Lord Hodge

Research output: Contribution to journalArticlepeer-review

Abstract

In September 2015 Lord Hodge published an article in the Edinburgh Law Review which concluded that there can be no room for Scots law particularisation in the sphere of commercial law, as it could only increase transaction costs (as to which, see Hodge, “Does Scotland need its own Commercial Law?” (2016) 19(3) Edinburgh Law Review 299). Whilst agreeing with Lord Hodge, in this article Jonathan Hardman proposes a different model for potential reforms of Scots commercial law – refocusing on lowering transaction costs using empirical economic analysis. This model is then applied to various elements of the Scots law of security, before being critiqued for its limitations.
Original languageEnglish
Pages (from-to)30-54
Number of pages25
JournalEdinburgh Law Review
Volume21
Issue number1
DOIs
Publication statusPublished - 1 Jan 2017

Keywords

  • commercial law
  • law and eonomics
  • rights in security
  • security
  • creditor protection
  • Scots law reform

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