Thomas Coendet | Shanghai Jiao Tong University (original) (raw)

Papers by Thomas Coendet

Cambridge University Press eBooks, Jan 26, 2024

The Cambridge Handbook of Comparative Law , Feb 1, 2024

Edward Elgar Publishing Limited eBooks, Dec 28, 2023

Law and Economics of Regulation, 2021

Scholars of different disciplines use the concept of regulatory arbitrage to describe situations ... more Scholars of different disciplines use the concept of regulatory arbitrage to describe situations in which economic agents structure their activities to navigate between different levels of regulation because the latter are associated with different levels of costs and benefits. At the roots, regulatory arbitrage therefore is a hybrid concept: arbitrage brings in the economic, regulation the legal perspective. Against a law and finance background, this chapter argues that realising the conceptual overlap of these two perspectives is highly productive not only for analysing regulatory arbitrage, but also to guide our thinking on how to manage and evaluate this phenomenon. So far, however, the concept of regulatory arbitrage has been more often used than analysed and conceptual analysis remains patchy. For communicating and researching this topic that is unhelpful. This chapter therefore works out a conceptual framework of regulatory arbitrage and shows how this connects and extends previous research.

The debate about legal Orientalism has gained traction in Western as well as in Chinese legal sch... more The debate about legal Orientalism has gained traction in Western as well as in Chinese legal scholarship. The benchmark of this field of study is currently Teemu Ruskola’s Legal Orientalism. While Ruskola’s book focuses on the United States, China and modern law, the following article recommends reinterpreting his argument from a European perspective. Thus, the article first reflects on whether a European perspective is appropriate and explains how it applies to the following argument (I). It goes on to argue that Legal Orientalism provides a deconstructive argument, hinting thereby at what remains to be thought about the Orientalist legal discourse. It is notably the notion of “Oriental legalism” that points to something beyond legal Orientalism (II). The article therefore then comments on this concept and explores some further avenues for how to rethink legal Orientalism from a more European perspective. The main suggestion is that we should refine Ruskola’s conceptual analysis o...

Referring to foreign legal systems for the sake of producing a convincing judicial argument has b... more Referring to foreign legal systems for the sake of producing a convincing judicial argument has been a custom in judicial decision-making for more than a century. However, a generally accepted theoretical framework for this kind of reasoning is yet to be established. The article suggests that such a framework must answer at least the following three fundamental questions: first, what is the normative relationship, as a matter of principle, between domestic and foreign law?; second, what is the primary motive and functioning of comparative legal reasoning?; and third, what methodological approach enables such reasoning to work in practice? Drawing in particular on linguistic philosophy, as well as recent work on the theory of argumentation, the article outlines a theoretical framework that addresses these questions in order to understand, evaluate and rationalise the use of comparative arguments in legal practice.

The global financial crisis of 2007–08 provided an obvious reason for rethinking finance, its reg... more The global financial crisis of 2007–08 provided an obvious reason for rethinking finance, its regulation, and benefits for society. Economics experts, in particular, issued policy reports on how to fix the financial system. Whether and how such policy recommendations translated into law is the topic of this article. It introduces a set of theories elaborating on how the legal system may tap social theory in general and economic expertise in particular, arguing for the concept of framing as a focal point. A case study on the Kay Review of UK equity markets tests and illustrates the theory. The study highlights the normative, technical, political, and capture issues that arise all the way down from a specific policy proposal rooted in economic theory and empirical research to the technical details of financial law and concludes with a comment on the current reform efforts of the Financial Conduct Authority on a new consumer duty. Eventually, the case study allows us to reflect on the ...

The American Journal of Comparative Law

Critical legal Orientalism is a tale of two empires, the United States and China. In the mid-nine... more Critical legal Orientalism is a tale of two empires, the United States and China. In the mid-nineteenth century, the United States established a special U.S. court for China, thus incorporating China as the largest district of their jurisdiction. This extraterritorial court operated for about a century and advanced an American legal imperialism in China that continues today. It is an empire founded on the notion of China as a place where law actually does not exist because neither its subjects nor its state lives up to the rule of law. Such Western assumptions about China and its legal tradition are called “legal Orientalism.” Comparative legal scholarship has introduced this concept and erected a critique of U.S. law and foreign policy around it. In the Chinese reception, this Western self-criticism has taken a political turn. Here, legal Orientalism feeds into an imperial narrative, which is no less ambitious than its American counterpart for it allows discrediting concerns about ...

Coendet Thomas Praxis Der Vertragsruckabwicklung in Digitaler Rechtsprechungs Kommentar Push Service Von Weblaw Internetpublikation, 2008

Cambridge University Press eBooks, Jan 26, 2024

The Cambridge Handbook of Comparative Law , Feb 1, 2024

Edward Elgar Publishing Limited eBooks, Dec 28, 2023

Law and Economics of Regulation, 2021

Scholars of different disciplines use the concept of regulatory arbitrage to describe situations ... more Scholars of different disciplines use the concept of regulatory arbitrage to describe situations in which economic agents structure their activities to navigate between different levels of regulation because the latter are associated with different levels of costs and benefits. At the roots, regulatory arbitrage therefore is a hybrid concept: arbitrage brings in the economic, regulation the legal perspective. Against a law and finance background, this chapter argues that realising the conceptual overlap of these two perspectives is highly productive not only for analysing regulatory arbitrage, but also to guide our thinking on how to manage and evaluate this phenomenon. So far, however, the concept of regulatory arbitrage has been more often used than analysed and conceptual analysis remains patchy. For communicating and researching this topic that is unhelpful. This chapter therefore works out a conceptual framework of regulatory arbitrage and shows how this connects and extends previous research.

The debate about legal Orientalism has gained traction in Western as well as in Chinese legal sch... more The debate about legal Orientalism has gained traction in Western as well as in Chinese legal scholarship. The benchmark of this field of study is currently Teemu Ruskola’s Legal Orientalism. While Ruskola’s book focuses on the United States, China and modern law, the following article recommends reinterpreting his argument from a European perspective. Thus, the article first reflects on whether a European perspective is appropriate and explains how it applies to the following argument (I). It goes on to argue that Legal Orientalism provides a deconstructive argument, hinting thereby at what remains to be thought about the Orientalist legal discourse. It is notably the notion of “Oriental legalism” that points to something beyond legal Orientalism (II). The article therefore then comments on this concept and explores some further avenues for how to rethink legal Orientalism from a more European perspective. The main suggestion is that we should refine Ruskola’s conceptual analysis o...

Referring to foreign legal systems for the sake of producing a convincing judicial argument has b... more Referring to foreign legal systems for the sake of producing a convincing judicial argument has been a custom in judicial decision-making for more than a century. However, a generally accepted theoretical framework for this kind of reasoning is yet to be established. The article suggests that such a framework must answer at least the following three fundamental questions: first, what is the normative relationship, as a matter of principle, between domestic and foreign law?; second, what is the primary motive and functioning of comparative legal reasoning?; and third, what methodological approach enables such reasoning to work in practice? Drawing in particular on linguistic philosophy, as well as recent work on the theory of argumentation, the article outlines a theoretical framework that addresses these questions in order to understand, evaluate and rationalise the use of comparative arguments in legal practice.

The global financial crisis of 2007–08 provided an obvious reason for rethinking finance, its reg... more The global financial crisis of 2007–08 provided an obvious reason for rethinking finance, its regulation, and benefits for society. Economics experts, in particular, issued policy reports on how to fix the financial system. Whether and how such policy recommendations translated into law is the topic of this article. It introduces a set of theories elaborating on how the legal system may tap social theory in general and economic expertise in particular, arguing for the concept of framing as a focal point. A case study on the Kay Review of UK equity markets tests and illustrates the theory. The study highlights the normative, technical, political, and capture issues that arise all the way down from a specific policy proposal rooted in economic theory and empirical research to the technical details of financial law and concludes with a comment on the current reform efforts of the Financial Conduct Authority on a new consumer duty. Eventually, the case study allows us to reflect on the ...

The American Journal of Comparative Law

Critical legal Orientalism is a tale of two empires, the United States and China. In the mid-nine... more Critical legal Orientalism is a tale of two empires, the United States and China. In the mid-nineteenth century, the United States established a special U.S. court for China, thus incorporating China as the largest district of their jurisdiction. This extraterritorial court operated for about a century and advanced an American legal imperialism in China that continues today. It is an empire founded on the notion of China as a place where law actually does not exist because neither its subjects nor its state lives up to the rule of law. Such Western assumptions about China and its legal tradition are called “legal Orientalism.” Comparative legal scholarship has introduced this concept and erected a critique of U.S. law and foreign policy around it. In the Chinese reception, this Western self-criticism has taken a political turn. Here, legal Orientalism feeds into an imperial narrative, which is no less ambitious than its American counterpart for it allows discrediting concerns about ...

Coendet Thomas Praxis Der Vertragsruckabwicklung in Digitaler Rechtsprechungs Kommentar Push Service Von Weblaw Internetpublikation, 2008