IDEAS home Printed from https://ideas.repec.org/a/bpj/rlecon/v5y2009i1n26.html
   My bibliography  Save this article

The Choice in the Lawmaking Process: Legal Transplants vs. Indigenous Law

Author

Listed:
  • Grajzl Peter

    (Washington and Lee University Central European University)

  • Dimitrova-Grajzl Valentina

    (Washington and Lee University Central European University)

Abstract

We develop a model of lawmaking to study the efficiency implications of, and variation in, jurisdictions' choices between promulgation of indigenously developed laws and legal transplants. Our framework emphasizes the sequential nature of lawmaking, the ubiquity of uncertainty, considerations about ex-ante promulgation versus ex-post adjustment costs, and the importance of the political context of legal reform. In discerning the patterns of inefficiencies in both transplantation and indigenous lawmaking, we elucidate the role of heterogeneity of interests and adaptability of a legal system. We also find that domestic corruption per se need not justify transplantation of foreign legal models. Our results support the view that local conditions are a crucial determinant of the appropriate path of institutional reform.

Suggested Citation

  • Grajzl Peter & Dimitrova-Grajzl Valentina, 2009. "The Choice in the Lawmaking Process: Legal Transplants vs. Indigenous Law," Review of Law & Economics, De Gruyter, vol. 5(1), pages 615-660, November.
    • Handle: RePEc:bpj:rlecon:v:5:y:2009:i:1:n:26
    DOI: 10.2202/1555-5879.1402
    as

    Download full text from publisher

    File URL: https://doi.org/10.2202/1555-5879.1402
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.
    File URL: https://libkey.io/10.2202/1555-5879.1402?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Peter J. Boettke & Christopher J. Coyne & Peter T. Leeson, 2015. "Institutional stickiness and the New Development Economics," Chapters, in: Laura E. Grube & Virgil Henry Storr (ed.), Culture and Economic Action, chapter 6, pages 123-146, Edward Elgar Publishing.
    2. Morris Fiorina, 1982. "Legislative choice of regulatory forms: Legal process or administrative process?," Public Choice, Springer, vol. 39(1), pages 33-66, January.
    3. Katharina Pistor & Martin Raiser & Stanislaw Gelfer, 2000. "Law and Finance in Transition Economies," The Economics of Transition, The European Bank for Reconstruction and Development, vol. 8(2), pages 325-368, July.
    4. Dani Rodrik, 2006. "Institutions for High-Quality Growth: What They Are and How to Acquire Them," Chapters, in: Kartik Roy & Jörn Sideras (ed.), Institutions, Globalisation and Empowerment, chapter 2, Edward Elgar Publishing.
    5. Bawn, Kathleen, 1995. "Political Control Versus Expertise: Congressional Choices about Administrative Procedures," American Political Science Review, Cambridge University Press, vol. 89(1), pages 62-73, March.
    6. Hay, Jonathan R & Shleifer, Andrei, 1998. "Private Enforcement of Public Laws: A Theory of Legal Reform," American Economic Review, American Economic Association, vol. 88(2), pages 398-403, May.
    7. Jeffrey K. Staton & Georg Vanberg, 2008. "The Value of Vagueness: Delegation, Defiance, and Judicial Opinions," American Journal of Political Science, John Wiley & Sons, vol. 52(3), pages 504-519, July.
    8. Daron Acemoglu, 2006. "Modeling Inefficient Institutions," NBER Working Papers 11940, National Bureau of Economic Research, Inc.
    9. Blundell,Richard & Newey,Whitney K. & Persson,Torsten (ed.), 2006. "Advances in Economics and Econometrics," Cambridge Books, Cambridge University Press, number 9780521871525, September.
    10. Frederick Schauer, 2000. "The Politics and Incentives of Legal Transplantation," CID Working Papers 44, Center for International Development at Harvard University.
    11. Grajzl, Peter & Murrell, Peter, 2007. "Allocating lawmaking powers: Self-regulation vs government regulation," Journal of Comparative Economics, Elsevier, vol. 35(3), pages 520-545, September.
    12. Joshua Hall & Peter Leeson, 2007. "Good for the Goose, Bad for the Gander: International Labor Standards and Comparative Development," Journal of Labor Research, Springer, vol. 28(4), pages 658-676, September.
    13. Rubin, Paul H & Curran, Christopher & Curran, John F, 2001. "Litigation versus Legislation: Forum Shopping by Rent Seekers," Public Choice, Springer, vol. 107(3-4), pages 295-310, June.
    14. Simmons, Beth A. & Elkins, Zachary, 2004. "The Globalization of Liberalization: Policy Diffusion in the International Political Economy," American Political Science Review, Cambridge University Press, vol. 98(1), pages 171-189, February.
    15. Paul Hare, 2007. "The Political Economy of Growth and Governance," CASE Network Studies and Analyses 0337, CASE-Center for Social and Economic Research.
    16. Mueller,Dennis C., 2003. "Public Choice III," Cambridge Books, Cambridge University Press, number 9780521894753, September.
    17. Bowles, Roger & Garoupa, Nuno, 1997. "Casual police corruption and the economics of crime," International Review of Law and Economics, Elsevier, vol. 17(1), pages 75-87, March.
    18. Oona Hathaway, "undated". "Path Dependence in the Law: The Course and Pattern of Legal Change in a Common Law System," Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series yale_lepp-1002, Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy.
    19. Andrews, Emily S., 2001. "Kazakhstan : an ambitious pension reform," Social Protection Discussion Papers and Notes 23156, The World Bank.
    20. Michael J. Trebilcock & Ronald J. Daniels, 2008. "Rule of Law Reform and Development," Books, Edward Elgar Publishing, number 13032.
    21. Blundell,Richard & Newey,Whitney K. & Persson,Torsten (ed.), 2006. "Advances in Economics and Econometrics," Cambridge Books, Cambridge University Press, number 9780521692083, September.
    22. Casey B. Mulligan & Andrei Shleifer, 2005. "The Extent of the Market and the Supply of Regulation," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 120(4), pages 1445-1473.
    23. 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.
    24. Frederick Schauer, 2000. "The Politics and Incentives of Legal Transplantation," CID Working Papers 44A, Center for International Development at Harvard University.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Kelejian, Harry H. & Murrell, Peter & Shepotylo, Oleksandr, 2013. "Spatial spillovers in the development of institutions," Journal of Development Economics, Elsevier, vol. 101(C), pages 297-315.
    2. Couyoumdjian, Juan Pablo, 2012. "Are institutional transplants viable? An examination in light of the proposals by Jeremy Bentham," Journal of Institutional Economics, Cambridge University Press, vol. 8(4), pages 489-509, December.
    3. Grajzl, Peter & Baniak, Andrzej, 2018. "Private enforcement, corruption, and antitrust design," Journal of Comparative Economics, Elsevier, vol. 46(1), pages 284-307.
    4. Seidler, Valentin, 2018. "Copying informal institutions: the role of British colonial officers during the decolonization of British Africa," Journal of Institutional Economics, Cambridge University Press, vol. 14(2), pages 289-312, April.
    5. Brousseau, Eric & Garrouste, Pierre & Raynaud, Emmanuel, 2011. "Institutional changes: Alternative theories and consequences for institutional design," Journal of Economic Behavior & Organization, Elsevier, vol. 79(1-2), pages 3-19, June.
    6. Murrell, Peter, 2017. "Design and evolution in institutional development: The insignificance of the English Bill of Rights," Journal of Comparative Economics, Elsevier, vol. 45(1), pages 36-55.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Braunfels, Elias, 2016. "Further Unbundling Institutions," Discussion Paper Series in Economics 13/2016, Norwegian School of Economics, Department of Economics.
    2. Kollintzas, Tryphon & Vassilatos, Vanghelis & Papageorgiou, Dimitris, 2015. "A Model of Market and Political Power Interactions for Southern Europe," CEPR Discussion Papers 10359, C.E.P.R. Discussion Papers.
    3. Tryphon Kollintzas & Dimitris Papageorgiou & Vanghelis Vassilatos, 2021. "Implications of market and political power interactions for growth and the business cycle I: private sector equilibrium," Working Papers 288, Bank of Greece.
    4. Besley, Timothy & Kudamatsu, Masayuki, 2007. "Making autocracy work," LSE Research Online Documents on Economics 3764, London School of Economics and Political Science, LSE Library.
    5. Leopoldo Fergusson, 2019. "Who wants violence? The political economy of conflict and state building in Colombia," Revista Cuadernos de Economia, Universidad Nacional de Colombia, FCE, CID, vol. 38(78), pages 671-700, November.
    6. Kollintzas, Tryphon & Papageorgiou, Dimitris & Vassilatos, Vanghelis, 2018. "Market and political power interactions in Greece: A theory," European Journal of Political Economy, Elsevier, vol. 53(C), pages 59-83.
    7. Tryphon Kollintzas & Dimitris Papageorgiou & Efthymios Tsionas & Vanghelis Vassilatos, 2018. "Market and political power interactions in Greece: an empirical investigation," IZA Journal of Labor Policy, Springer;Forschungsinstitut zur Zukunft der Arbeit GmbH (IZA), vol. 7(1), pages 1-43, December.
    8. Thomas Gall & Paolo Masella, 2012. "Markets and jungles," Journal of Economic Growth, Springer, vol. 17(2), pages 103-141, June.
    9. Peter Foldvari, 2017. "De Facto Versus de Jure Political Institutions in the Long-Run: A Multivariate Analysis, 1820–2000," Social Indicators Research: An International and Interdisciplinary Journal for Quality-of-Life Measurement, Springer, vol. 130(2), pages 759-777, January.
    10. Wafa Ghardallou & Dorsaf Sridi, 2020. "Democracy and Economic Growth: a Literature Review," Journal of the Knowledge Economy, Springer;Portland International Center for Management of Engineering and Technology (PICMET), vol. 11(3), pages 982-1002, September.
    11. Benno Torgler, 2021. "The Power of Public Choice in Law and Economics," CREMA Working Paper Series 2021-04, Center for Research in Economics, Management and the Arts (CREMA).
    12. Simeon Alder & Guillermo Ordonez, 2016. "Deceptive Redistribution," Review of Economic Dynamics, Elsevier for the Society for Economic Dynamics, vol. 22, pages 223-239, October.
    13. Seidler, Valentin, 2014. "When do institutional transfers work? The relation between institutions, culture and the transplant effect: the case of Borno in north-eastern Nigeria," Journal of Institutional Economics, Cambridge University Press, vol. 10(3), pages 371-397, September.
    14. Foldvari, Peter, 2014. "Measuring de facto versus de iure political institutions in the long-run: a multivariate statistical approach," MPRA Paper 56576, University Library of Munich, Germany.
    15. Kollintzas, Tryphon & Vassilatos, Vanghelis & Papageorgiou, Dimitris, 2013. "A Neoclassical Growth Model for the Insiders ? Outsiders Society," CEPR Discussion Papers 9640, C.E.P.R. Discussion Papers.
    16. Aboal, Diego & Noya, Nelson & Rius, Andrés, 2014. "Contract Enforcement and Investment: A Systematic Review of the Evidence," World Development, Elsevier, vol. 64(C), pages 322-338.
    17. Michel, Christian, 2017. "Market regulation of voluntary add-on contracts," International Journal of Industrial Organization, Elsevier, vol. 54(C), pages 239-268.
    18. Federico Ciliberto & Elie Tamer, 2009. "Market Structure and Multiple Equilibria in Airline Markets," Econometrica, Econometric Society, vol. 77(6), pages 1791-1828, November.
    19. Carmona, Guilherme & Fajardo, José, 2009. "Existence of equilibrium in common agency games with adverse selection," Games and Economic Behavior, Elsevier, vol. 66(2), pages 749-760, July.
    20. León, Gianmarco, 2017. "Turnout, political preferences and information: Experimental evidence from Peru," Journal of Development Economics, Elsevier, vol. 127(C), pages 56-71.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:rlecon:v:5:y:2009:i:1:n:26. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.