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A Strategic Interpretation of Legal Transplants

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Author Info
Garoupa, Nuno
Ogus, Anthony

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Abstract

In this Paper we provide a strategic explanation for the spontaneous convergence of legal rules, which nevertheless falls short of harmonization across jurisdictions. We identify a free-riding problem and discuss its implications for legal culture, integration, and harmonization. It is argued that harmonization of legal rules by a central authority in order to generate a uniform legal culture could be the response to a coordination failure. It could also be a serious policy mistake, however, leaving everybody worse off. The result depends crucially on the relative benefits and costs of importing and integrating different legal orders.

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Paper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 4123.

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Date of creation: Nov 2003
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Handle: RePEc:cpr:ceprdp:4123

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Keywords: game theory harmonization K00 legal transplant

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C70 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - General

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References listed on IDEAS
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  1. Simeon Djankov & Rafael La Porta & Florencio Lopez-de-Silane & Andrei Shleifer & Juan Botero, 2003. "The Regulation of Labor," NBER Working Papers 9756, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  2. Simeon Djankov & Edward L. Glaeser & Rafael La Porta & Florencio Lopez-de-Silane & Andrei Shleifer, 2003. "The New Comparative Economics," NBER Working Papers 9608, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  3. Raghuram G. Rajan & Luigi Zingales, 2001. "The Great Reversals: The Politics of Financial Development in the 20th Century," NBER Working Papers 8178, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  4. Davis, Michael L, 1994. "The Value of Truth and the Optimal Standard of Proof in Legal Disputes," Journal of Law, Economics and Organization, Oxford University Press, vol. 10(2), pages 343-59, October.
  5. Klaus Heine & Wolfgang Kerber, 2002. "European Corporate Laws, Regulatory Competition and Path Dependence," European Journal of Law and Economics, Springer, vol. 13(1), pages 47-71, January. [Downloadable!] (restricted)
  6. Mattei, Ugo, 1994. "Efficiency in legal transplants: An essay in Comparative Law and Economics," International Review of Law and Economics, Elsevier, vol. 14(1), pages 3-19, March. [Downloadable!] (restricted)
  7. Ribstein, Larry E & Kobayashi, Bruce H, 1996. "An Economic Analysis of Uniform State Laws," Journal of Legal Studies, University of Chicago Press, vol. 25(1), pages 131-99, January.
  8. Thorsten Beck & Asli Demirguc-Kunt & Ross Levine, 2002. "Law, Endowment, and Finance," NBER Working Papers 9089, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  9. Beck, Thorsten & Demirguc-Kunt, Asli & Levine, Ross, 2003. "Law and finance: why does legal origin matter?," Journal of Comparative Economics, Elsevier, vol. 31(4), pages 653-675, December. [Downloadable!] (restricted)
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  10. Easterbrook, Frank H., 1994. "Federalism and European business law," International Review of Law and Economics, Elsevier, vol. 14(2), pages 125-132, June. [Downloadable!] (restricted)
  11. Mahoney, Paul G, 2001. "The Common Law and Economic Growth: Hayek Might Be Right," Journal of Legal Studies, University of Chicago Press, vol. 30(2), pages 503-25, Part I Ju.
  12. Kaplow, Louis, 1995. "A Model of the Optimal Complexity of Legal Rules," Journal of Law, Economics and Organization, Oxford University Press, vol. 11(1), pages 150-63, April.
  13. Daniel Berkowitz & Karina Pistor & Jean-Francois Richard, 2001. "Economic Development, Legality, and the Transplant Effect," William Davidson Institute Working Papers Series 410, William Davidson Institute at the University of Michigan Stephen M. Ross Business School. [Downloadable!]
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  14. Edward L. Glaeser & Andrei Shleifer, 2002. "Legal Origins," The Quarterly Journal of Economics, MIT Press, vol. 117(4), pages 1193-1229, November. [Downloadable!] (restricted)
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  1. Jenny Monheim & Marie Obidzinski, 2007. "Optimal discretion in asylum lawmaking," Working Papers of BETA 2007-31, Bureau d'Economie Théorique et Appliquée, ULP, Strasbourg. [Downloadable!]
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