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Legal Regime and Contractual Flexibility: A Comparison of Business's Organizational Choices in France and the United States during the Era of Industrialization

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Author Info
Naomi R. Lamoreaux
Abstract

We compare the law governing business organizational forms in France and the United States during the nineteenth century and find that, contrary to the conventional wisdom, the contracting environment in the U.S. was neither freer nor more flexible than in France. U.S. businesses had a more limited menu of organizational choices and also much less ability to adapt the basic forms to meet their needs. Moreover, American law did not evolve any more readily in response to economic change than French law. In both nations, major changes in the rules governing organizational forms required the passage of new statutes. Copyright 2005, Oxford University Press.

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File URL: http://hdl.handle.net/10.1093/aler/ahi003
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Article provided by Oxford University Press in its journal American Law and Economics Review.

Volume (Year): 7 (2005)
Issue (Month): 1 ()
Pages: 28-61
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Handle: RePEc:oup:amlawe:v:7:y:2005:i:1:p:28-61

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  1. Pierre-Cyrille Hautcoeur & Nadine Levratto, 2007. "Legal versus economic explanations of the rise in bankruptcies in 19th century France," PSE Working Papers 2007-47, PSE (Ecole normale supérieure). [Downloadable!]
  2. Naomi R. Lamoreaux & Jean-Laurent Rosenthal, 2006. "Contractual Tradeoffs and SMEs Choice of Organizational Form, A View from U.S. and French History, 1830-2000," NBER Working Papers 12455, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  3. Milo, Melanie S., 2007. "Integrated Financial Supervision: an Institutional Perspective for the Philippines," Discussion Papers DP 2007-17, Philippine Institute for Development Studies. [Downloadable!]
  4. Robert Cull & Lance E. Davis & Naomi R. Lamoreaux & Jean-Laurent Rosenthal, 2005. "Historical Financing of Small- and Medium-Sized Enterprises," NBER Working Papers 11695, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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