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Legal origins: reconciling law and finance and comparative law

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  • Mathias M Siems

Abstract

In the last few years law and finance scholars have 'discovered' the usefulness of comparative law. Their studies look at the quantifiable effect that legal rules and their enforcement have on financial development in different countries. Moreover, they link their results with the long- standing distinction between Civil Law and Common Law countries. Whether this revival of 'legal families' is a useful way forward is, however, a matter of debate. The following article challenges these studies and looks for characteristic features which are more precise and meaningful than the use of legal families as such.

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Bibliographic Info

Paper provided by ESRC Centre for Business Research in its series ESRC Centre for Business Research - Working Papers with number wp321.

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Date of creation: Mar 2006
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Handle: RePEc:cbr:cbrwps:wp321

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Web page: http://www.cbr.cam.ac.uk/

Related research

Keywords: legal origins; legal families; legal traditions; numerical comparative law; law and finance; law and development; Civil Law; Common Law;

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References

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  1. Djankov, Simeon & La Porta, Rafael & Lopez-de-Silanes, Florencio & Shleifer, Andrei, 2001. "The Regulation of Entry," Working Paper Series rwp01-015, Harvard University, John F. Kennedy School of Government.
  2. Djankov, Simeon & La Porta, Rafael & Lopez-de-Silanes, Florencio & Shleifer, Andrei, 2008. "The law and economics of self-dealing," Journal of Financial Economics, Elsevier, vol. 88(3), pages 430-465, June.
  3. James A. Dorn, 2003. "Introduction," Cato Journal, Cato Journal, Cato Institute, vol. 23(1), pages 1-9, Spring/Su.
  4. Rafael La Porta & Florencio Lopez-De-Silanes & Andrei Shleifer, 2002. "Government Ownership of Banks," Journal of Finance, American Finance Association, vol. 57(1), pages 265-301, 02.
  5. Rafael LaPorta & Florencio Lopez-de-Silanes & Andrei Shleifer, . "What Works in Securities Laws?," Working Paper 19491, Harvard University OpenScholar.
  6. Beck, T.H.L. & Levine, R., 2005. "Legal institutions and financial development," Open Access publications from Tilburg University urn:nbn:nl:ui:12-3508406, Tilburg University.
  7. Simeon Djankov & Caralee McLiesh & Andrei Shleifer, 2005. "Private Credit in 129 Countries," NBER Working Papers 11078, National Bureau of Economic Research, Inc.
  8. Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert Vishny, 1998. "The Quality of Goverment," NBER Working Papers 6727, National Bureau of Economic Research, Inc.
  9. Simon Deakin, 2002. "Evolution for our time: a theory of legal memetics," ESRC Centre for Business Research - Working Papers wp242, ESRC Centre for Business Research.
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Cited by:
  1. Belot, François & Ginglinger, Edith & Slovin, Myron B. & Sushka, Marie E., 2014. "Freedom of Choice between Unitary and Two-Tier Boards: An Empirical Analysis," Economics Papers from University Paris Dauphine 123456789/12816, Paris Dauphine University.
  2. Di Vita, Giuseppe, 2009. "Legal families and environmental protection: Is there a causal relationship?," Journal of Policy Modeling, Elsevier, vol. 31(5), pages 694-707, September.
  3. Di Vita, Giuseppe, 2008. "Differences in pollution levels among civil law countries: A possible interpretation," Energy Policy, Elsevier, vol. 36(10), pages 3774-3786, October.
  4. Simon Deakin, 2006. "'Capacitas': Contract Law and the Institutional Preconditions of a Market Economy," ESRC Centre for Business Research - Working Papers wp325, ESRC Centre for Business Research.
  5. Carsten Gerner-Beuerle, 2014. "Determinants of corporate governance codes," LSE Research Online Documents on Economics 55828, London School of Economics and Political Science, LSE Library.
  6. Mathias M. Siems, 2006. "Shareholder Protection Across Countries – Is the EU on the Right Track?," CESifo DICE Report, Ifo Institute for Economic Research at the University of Munich, vol. 4(3), pages 39-43, October.
  7. Pollitt, Michael, 2009. "Evaluating the evidence on electricity reform: Lessons for the South East Europe (SEE) market," Utilities Policy, Elsevier, vol. 17(1), pages 13-23, March.
  8. Armour, J. & Deakin, S. & Mollica, V. & Siems, M.M., 2010. "Law and Financial Development: What we are learning from time-series evidence," ESRC Centre for Business Research - Working Papers wp399, ESRC Centre for Business Research.
  9. Mathias Siems, 2009. "Shareholder, Creditor and Worker Protection: Time Series Evidence about the Differences between French, German, Idian, UK and US Law," ESRC Centre for Business Research - Working Papers wp381, ESRC Centre for Business Research.

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