A conversation between two generations of legal scholars. More than forty years ago, one of them, while studying on the other side of the ocean, discovered that an economic approach to law intrigued him. The other, not yet born at the time, has spent the past few years carefully assembling her own legal framework. Now, they shake hands and come together to exchange experiences. Michael Faure, Professor of Comparative Private Law and Economics, and Melissa de Groot, PhD candidate in Civil Law, discuss passion, self-reflection, papers and pressures, balancing responsibilities, and pride.
Tell us, what do you do and why?
"I research civil liability, with a particular focus on compensation for care-related damages," De Groot begins. It was the combination of complex legal conundrums and the personal significance for victims that steered her in this direction. "My focus lies on the relationship between civil law claims for compensation for care-related damages and public law entitlements to care provisions, such as those under the Long-Term Care Act." Faure takes us further back in time. He has been a professor at Erasmus School of Law since 2008, but his passion for law and economics was ignited as early as 1984, in Chicago. "That was where I discovered the economic approach to law. It was a true eye-opener. Law was viewed as an instrument to solve societal problems, and I found that fascinating." Since then, he has delved into economic-legal issues, such as the insurability of damage caused by medical robots and the impact of budget constraints on medical liability. "Oh, how interesting," De Groot remarks.
What trends do you observe in your field?
Both note the increasing prominence of empirical research. "A blast from the past: in '84, we had no computers, so law and economics was largely theoretical. That has changed dramatically; everything is now empirical, thanks in part to technological advancements," says Faure. "Indeed, empirical research is on the rise. Additionally, technology and AI are playing a greater role. This is hardly surprising, as liability law raises critical questions: How do we provide sufficient room for innovation while ensuring protection against risks?" De Groot adds.
What have you learned (unexpectedly) during your career?
"Perhaps not entirely unexpected, but I have learned far more about research and writing than I anticipated," says De Groot. "The final year of my PhD also surprised me positively. It is an individual project where you often rely on yourself. I am thorough and keep a great deal in my head. That is a strength, but also a pitfall. Thanks to useful tips and guidance, I have recently improved my efficiency, and I hope to reach the finish line this year." Faure chuckles: "I must go back to Chicago again, where I laid a theoretical foundation and acquired economic skills that I still apply daily. But nowadays, we also incorporate psychological insights and empirical literature into our research. The new generation of legal economists is entirely empirically trained. That requires a great deal." De Groot nods in agreement.
"It is simple. Working at a university is one of the best jobs, offering the greatest privilege: freedom." -Michael Faure
What advice would you give to a young academic?
Faure does not need much time to consider. "It is simple. Working at a university is one of the best jobs, offering the greatest privilege: freedom. You do what you enjoy every day and challenge yourself intellectually," he says. "But," Faure continues, "you must truly desire it; you must have an intrinsic drive. Reflect on whether you genuinely have that passion." De Groot adds: "Make sure to reserve time for research. It is easy to prioritize teaching deadlines, but do not neglect your research papers. Or set them aside for a while, so you can return to them with fresh eyes." Faure recognizes this tightrope walk between different tasks, although modern academia is a different challenge compared to the past. "When I see what young academics must do today - leadership, team building, research, teaching, and administrative tasks - it is far more demanding than it was for me. Supervising PhD candidates is always a priority, and if research is delayed by a month, there is no one to say 'naughty Michael' to me."
"If initiating the debate can be considered my business, then I take great pride in it." - Melissa de Groot
What are you proud of, and what is your ‘business’ at Erasmus School of Law?
"I think I will be very proud at the end of my PhD, when my book is finished. That is my current ‘business’. Other than that, I hope to contribute to legal practice mainly through academic research, even if only as a tiny step forward. And getting the debate going: if I can call that my business, then I will be proud", De Groot says. Faure shares, "I have written some great articles for important journals that I never thought I would get into as a young boy. I am also proud of my contribution to an important provision that has recently taken shape in a European directive and the safeguard effect of permits for industries narrowing in case of substantial environmental damage and human rights violations. That one may yet have some liability implications." De Groot looks at him in surprise: "You can indeed be proud of that."
And now?
Faure turns to De Groot: "Melissa, do you intend to remain in academia?" "Yes, I certainly feel that I have more to learn," she responds. "But I have listened carefully to you, and I will take another good look in the mirror first."
Together with Siewert Lindenbergh and Willem van Boom, Faure led one of our most distinctive and highly regarded research programmes, informally known within the faculty as BACT, officially Behavioural Approaches to Contract and Tort: Relevancy for Policymaking. The research connected private law with behavioural sciences, a relatively novel approach in Europe at the time. Research questions were addressed through various legal and behavioural methodologies, focusing primarily on empirical and policy-relevant research. The programme's methodological approach was interdisciplinary, with the research team comprising legal scholars specializing in contract law, tort law, property law, company law, and civil procedure, alongside experts in law and economics, as well as the sociology and psychology of law.
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Want to read more articles like this? You can! Erasmus School of Law celebrates its 60th anniversary with its own magazine, Groos Magazine. In it, we look back on our past with pride and look to the future full of ambition. We take you along milestones, developments and inspiring stories in which the drive and Rotterdam spirit of our colleagues is clearly perceptible. Dive into the stories and discover Erasmus School of Law.
