A conversation with two generations of legal professionals. Forty years ago, on the other side of the ocean, one discovered that an economic approach to law intrigued him. The other was not yet born at that time and has been busy putting the pieces of her legal puzzle together in recent years. 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, talk about passion, looking in the mirror, papers and peppers, walking on a tightrope, and pride.
Tell us, what do you do and why?
"I research civil liability and, in particular, compensation for healthcare damages", De Groot begins. It was the combination of complex legal puzzles and the personal interest of victims that pushed her in this direction. "My focus is on the relationship between civil law entitlement to compensation for healthcare damages and public law entitlement to healthcare benefits, such as under the Long-Term Care Act." Faure takes us a little further back in time. He has worked as a Professor at Erasmus School of Law since XNUMX, but his passion for legal economics originated as early as XNUMX in Chicago. "That is where I discovered the economical approach to law. That was a real eye-opener. Law was seen as an instrument to solve social problems, and I found that fascinating." Since then, he has been plunging into economic-legal issues such as, right now, the insurability of damage caused by medical robots and the impact of limited budgets on medical liability. "Oh, how interesting", De Groot responds.
What trends do you notice in your field?
Both note that empiricism is on the rise. "Just from the old box: in 84, we did not have computers, so back then, legal economics was mostly theoretical. That is spectacularly different now; everything is empirical, partly due to technological advances", Faure says. "Indeed, you can see that there is quite an increase in empiricism. In addition, technology and AI are playing a bigger role. And that's not surprising either because, from the perspective of liability law, important questions resonate: How do we provide enough room for innovation while ensuring protection against risk?" De Groot continues.
What have you learned (unexpectedly) during your career?
"Perhaps not entirely unexpectedly, but I learned a lot of research and writing skills, even beyond my expectations", De Groot answers. "The final year of my PhD also positively surprised me. It is an individual project where you often rely on yourself. I am thorough and keep a lot in my head. That is a strength but also a pitfall. Through good tips and guidance, I recently made an improvement in efficiency, which I hope to use to cross the finish line this year." Faure laughs: "Then I will, again, go back to Chicago, where I laid a theoretical foundation and gained economic skills that I still use daily. However, we also incorporate psychological insights and empirical literature into our research. The new generation of right-wing economists is entirely empirically trained. That requires quite a lot." De Groot's look and nod confirm this.
"It is simple. Working at a university is one of the most beautiful jobs, and it offers the greatest good: freedom."
Michael Faure
What would you like to pass on to a young researcher?
Faure does not have to think long about that. "It is simple. Working at a university is one of the most beautiful jobs, and it offers the greatest good: freedom. You do what you enjoy daily and challenge yourself intellectually", he says. "But", Faure continues, "you have to love it, you have to have an intrinsic drive. Look carefully in the mirror and ask yourself if you have it." De Groot adds, "Make sure you reserve time for research. It is easy to prioritise teaching deadlines, but don't forget your research papers. Or, on the contrary, park those for a while, to look at them again with fresh eyes afterwards." Faure does recognise himself in that tightrope walk between different works, although contemporary academic work is a different pepper than it used to be. "Today, I see what young scientists all have to do: leadership, team building, research, teaching, and administrative tasks. For me, it is easier than for Melissa. Supervising PhD candidates is always a priority, and if a research project is a month late, there is no one to say 'naughty Michael' to me."
"Starting the debate. If I can call that my business, I am proud."
Melissa de Groot
What are you GROOS of, and what is your 'business' within Erasmus School of Law?
"I think I will be very proud at the end of my PhD, when my book is finished. That is also 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."
What now?
Faure turns to De Groot: "Do you want to continue in research, Melissa?" "Yes, I definitely feel that I have not finished learning", she replies. "But I listened to you carefully, so I am going to take another look in the mirror first."
Together with Siewert Lindenbergh and Willem van Boom, Faure led one of our most extraordinary and highly regarded research programmes, called BACT, in full Behavioural Approaches to Contract and Tort: Relevancy for Policymaking. The research linked private law to behavioural sciences, which was quite unique in Europe at the time. Research questions were approached through different legal and behavioural approaches, primarily focusing on empirical and policy-relevant research. The methodological approach of the research programme was interdisciplinary. The research team included legal scholars specialising in contract law, tort law, property and corporate law, and civil procedure law, as well as scholars specialising in law and economics, and sociology or psychology of law.

