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It was the rule of law. Will it be the rule of judges?

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Author Info
Enrico Colombatto ()
Abstract

The 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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Paper provided by ICER - International Centre for Economic Research in its series ICER Working Papers with number 41-2007.

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Length: 28 pages
Date of creation: Mar 2007
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Handle: RePEc:icr:wpicer:41-2007

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  1. Kuznets, Simon, 1973. "Modern Economic Growth: Findings and Reflections," American Economic Review, American Economic Association, vol. 63(3), pages 247-58, June. [Downloadable!] (restricted)
  2. Angus Maddison, 2005. "Measuring And Interpreting World Economic Performance 1500-2001," Review of Income and Wealth, Blackwell Publishing, vol. 51(1), pages 1-35, 03. [Downloadable!] (restricted)
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  4. Marcel van Meerhaeghe, 2006. "Bismarck and the social question," Journal of Economic Studies, Emerald Group Publishing, vol. 33(4), pages 284-301, September. [Downloadable!] (restricted)
  5. 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. [Downloadable!] (restricted)
  6. 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.
  7. Osborne, Evan, 1999. "Courts as Casinos? An Empirical Investigation of Randomness and Efficiency in Civil Litigation," Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 187-203, January.
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