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Jacqueline Hodgson, French Criminal Justice: A Comparative Account of The Investigation And Prosecution Of Crime in France

Jacqueline Hodgson, French Criminal Justice: A Comparative Account of The Investigation And... 37 0 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 5 5 tected by politically and economically stronger cultures. One could even argue, from the neoliberal perspective, that the superiority of the liberal market competition model has been proved by the eco­ nomic success of the West. This model has been adopted by many countries, not least because it caters to th e inherent human tendency toward individualism. (On the other hand, however, elements of other economic cultures, such as the Islamic and the Buddhist, con­ tinue to exist and remain a source of conflict and irritation in interna­ tional trade and economic cooperation, (p. 212 ff).) Furthermore, it is almost certain that many will challenge his individual market ap­ proach as being difficult to apply. Yet Fikentscher would argue that these hindrances are the price to be paid for accuracy. It is a well- known fact not only in antitrust but also in other fields of law that evidence of a subjective criterion (such as the intent to monopolize) may be difficult to produce, but is often dispositive once established. It appears tha t the author has anticipated much of th e potential criti­ cism of his theories, and http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Jacqueline Hodgson, French Criminal Justice: A Comparative Account of The Investigation And Prosecution Of Crime in France

Ross, Jacqueline
American Journal of Comparative Law , Volume 55 (2) – Apr 1, 2007
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Publisher
Oxford University Press
Copyright
© 2007 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/55.2.370
Publisher site
See Article on Publisher Site

Abstract

37 0 THE AMERICAN JOURNAL OF COMPARATIVE LAW [Vol. 5 5 tected by politically and economically stronger cultures. One could even argue, from the neoliberal perspective, that the superiority of the liberal market competition model has been proved by the eco­ nomic success of the West. This model has been adopted by many countries, not least because it caters to th e inherent human tendency toward individualism. (On the other hand, however, elements of other economic cultures, such as the Islamic and the Buddhist, con­ tinue to exist and remain a source of conflict and irritation in interna­ tional trade and economic cooperation, (p. 212 ff).) Furthermore, it is almost certain that many will challenge his individual market ap­ proach as being difficult to apply. Yet Fikentscher would argue that these hindrances are the price to be paid for accuracy. It is a well- known fact not only in antitrust but also in other fields of law that evidence of a subjective criterion (such as the intent to monopolize) may be difficult to produce, but is often dispositive once established. It appears tha t the author has anticipated much of th e potential criti­ cism of his theories, and

Journal

American Journal of Comparative Law – Oxford University Press

Published: Apr 1, 2007

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