It was the rule of law. Will it be the rule of judges?
AbstractThe Gregorian revolution introduced the rule of law in the West and created necessary (but not sufficient) conditions for growth to take off. This paper analyzes some of the consequences provoked by the evolution in the notion of the rule of law – from being based upon God-given natural law to relying on popular sovereignty. It concludes that the importance of the rule of law, of the differences in legal systems and of constitutions is probably overstated. It suggests that the successor to the medieval notion of the rule of law is in fact a mix of procedural political correctness, social preferences and efficiency. As a result the main player becomes the judiciary, whose behavioral patterns should become the object of further analysis.
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Bibliographic InfoPaper provided by ICER - International Centre for Economic Research in its series ICER Working Papers with number 41-2007.
Length: 28 pages
Date of creation: Mar 2007
Date of revision:
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- Kuznets, Simon, 1973.
"Modern Economic Growth: Findings and Reflections,"
American Economic Review,
American Economic Association, vol. 63(3), pages 247-58, June.
- Karla Hoff & Joseph E. Stiglitz, 2005.
"The Creation of the Rule of Law and the Legitimacy of Property Rights: The Political and Economic Consequences of a Corrupt Privatization,"
NBER Working Papers
11772, National Bureau of Economic Research, Inc.
- Hoff, Karla & Stiglitz, Joseph E., 2005. "The creation of the rule of law and the legitimacy of property rights : the political and economic consequences of a corrupt privatization," Policy Research Working Paper Series 3779, The World Bank.
- Abramovitz, Moses, 1986. "Catching Up, Forging Ahead, and Falling Behind," The Journal of Economic History, Cambridge University Press, vol. 46(02), pages 385-406, June.
- Scully, Gerald W, 1988. "The Institutional Framework and Economic Development," Journal of Political Economy, University of Chicago Press, vol. 96(3), pages 652-62, June.
- Mahoney, Paul G, 2001. "The Common Law and Economic Growth: Hayek Might Be Right," The Journal of Legal Studies, University of Chicago Press, vol. 30(2), pages 503-25, Part I Ju.
- Angus Maddison, 2005. "Measuring And Interpreting World Economic Performance 1500-2001," Review of Income and Wealth, International Association for Research in Income and Wealth, vol. 51(1), pages 1-35, 03.
- Stefan Voigt, 2005. "The Economic Effects of Judicial Accountability. Some Preliminary Insights," ICER Working Papers 19-2005, ICER - International Centre for Economic Research.
- Marcel van Meerhaeghe, 2006. "Bismarck and the social question," Journal of Economic Studies, Emerald Group Publishing, vol. 33(4), pages 284-301, September.
- Osborne, Evan, 1999. "Courts as Casinos? An Empirical Investigation of Randomness and Efficiency in Civil Litigation," The Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 187-203, January.
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