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A Strategic Interpretation of Legal Transplants

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  • Garoupa, Nuno
  • Ogus, Anthony

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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References

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  5. Daniel Berkowitz & Katharina Pistor & Jean-Francois Richard, 2000. "Economic Development, Legality, and the Transplant Effect," CID Working Papers 39, Center for International Development at Harvard University.
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  8. 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.
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Citations

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Cited by:
  1. Andrzej Baniak & Peter Grajzl, 2010. "Interjurisdictional Linkages and the Scope for Interventionist Legal Harmonization," CESifo Working Paper Series 3085, CESifo Group Munich.
  2. Jenny Monheim-Helstroffer & Marie Obidzinski, 2010. "Optimal discretion in asylum lawmaking," Post-Print hal-00447157, HAL.
  3. Crettez B. & Deffains B. & Musy O., 2010. "On Legal Cooperation and the Dynamics of Legal Convergence," Working Papers ERMES 1013, ERMES, University Paris 2.
  4. HERINGS, P. Jean-Jacques & KANNING, Arnald J., . "Harmonization of private law on a global level," CORE Discussion Papers RP -2152, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).
  5. Bertrand Crettez & Bruno Deffains & Olivier Musy, 2013. "On the dynamics of legal convergence," Public Choice, Springer, vol. 156(1), pages 345-356, July.
  6. Raynouard, Arnaud & Kerhuel, Anne-Julie, 2011. "Measuring the law: Sécurité juridique as a watermark," Economics Papers from University Paris Dauphine 123456789/11683, Paris Dauphine University.
  7. Bertrand Crettez & Bruno Deffains & Régis Deloche, 2009. "On the optimal complexity of law and legal rules harmonization," European Journal of Law and Economics, Springer, vol. 27(2), pages 129-142, April.
  8. Bertrand Crettez & Régis Deloche, 2006. "On the unification of legal rules in the European Union," European Journal of Law and Economics, Springer, vol. 21(3), pages 203-214, May.
  9. Loeper, Antoine, 2011. "Coordination in heterogeneous federal systems," Journal of Public Economics, Elsevier, vol. 95(7), pages 900-912.
  10. Fernando Gomez & Juan Ganuza, 2012. "How to build European private law: an economic analysis of the lawmaking and harmonization dimensions in European private law," European Journal of Law and Economics, Springer, vol. 33(3), pages 481-503, June.

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