Law and Economy in Traditional China: A "Legal Origin" Perspective on the Great Divergence
AbstractThis article offers a critical review of recent literature on Chinese legal tradition and argues that some subtle but fundamental differences between the Western and Chinese legal traditions are highly relevant to our explanation of the economic divergence in the modern era. This paper seeks to elucidate the fundamental feature of traditional Chinese legal system and the mechanism of dispute resolution within the framework of a disciplinary mode of administrative law within a bureaucratic hierarchy and intermediation within social-networks. By comparing the contrasting development of the legal professions in China and Western Europe, it reveals the importance of political institution, legal regime and the growth of jurisprudence that would ultimately affect property rights, contract enforcement and ultimately long-term growth trajectories.
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Bibliographic InfoPaper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 8385.
Date of creation: May 2011
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Find related papers by JEL classification:
- N00 - Economic History - - General - - - General
- O10 - Economic Development, Technological Change, and Growth - - Economic Development - - - General
This paper has been announced in the following NEP Reports:
- NEP-ALL-2011-06-04 (All new papers)
- NEP-HIS-2011-06-04 (Business, Economic & Financial History)
- NEP-HPE-2011-06-04 (History & Philosophy of Economics)
- NEP-LAW-2011-06-04 (Law & Economics)
- NEP-TRA-2011-06-04 (Transition Economics)
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