Comparative study of legal reasoning in Swiss and UK courts

Lynn Watkins

pp. 47-65

in: Klaus Mathis (ed), Law and economics in Europe, Berlin, Springer, 2014

Abstrakt

With the ever-aging population, the increased financial burden to provide health care fulfilling the State's obligations under the internationally recognized right to health , is growing. This increasing pressure on the policymakers to balance the requirements arising from the right to health and the inherent costs is evident. The cost of rights and liberties is an obvious convergence point between law and economics . This essay aims to illuminate this convergence point and investigate the relative openness to law and economics in a common law and civil law system both striving to fulfill its international human rights obligation.