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On the dynamics of legal convergence

Author

Listed:
  • Bertrand Crettez

  • Bruno Deffains

  • Olivier Musy

Abstract

In this paper, we study the dynamics of legal rules in a model with two nation-states playing a non cooperative game. For each country, changing the legal system is a costly process. At the same time, the existence of different legal systems is also costly for all nation-states. We show that despite the non cooperative behavior of countries, a process of legal convergence is achieved in the long run through small step by step changes. This result depends neither on the number of players in the game, nor on the time horizon of policy makers. Complete legal convergence can be obtained in a finite time. Coordinated efforts to achieve legal convergence are then unnecessary. We show that they might even be counterproductive, in the sense that the welfare of nation-states is higher under legal competition, compared to cooperative legal unification. Copyright Springer Science+Business Media, LLC 2013

Suggested Citation

  • Bertrand Crettez & Bruno Deffains & Olivier Musy, 2013. "On the dynamics of legal convergence," Public Choice, Springer, vol. 156(1), pages 345-356, July.
  • Handle: RePEc:kap:pubcho:v:156:y:2013:i:1:p:345-356
    DOI: 10.1007/s11127-011-9907-7
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    1. Edward Stringham & Todd Zywicki, 2011. "Rivalry and superior dispatch: an analysis of competing courts in medieval and early modern England," Public Choice, Springer, vol. 147(3), pages 497-524, June.
    2. John Armour & Simon Deakin & Priya Lele & Mathias Siems, 2009. "How Do Legal Rules Evolve? Evidence from a cross-country Comparison of Shareholder, Creditor and Worker Protection," Working Papers wp382, Centre for Business Research, University of Cambridge.
    3. Baniak Andrzej & Grajzl Peter, 2011. "Interjurisdictional Linkages and the Scope for Interventionist Legal Harmonization," Review of Law & Economics, De Gruyter, vol. 7(2), pages 405-434, December.
    4. Jean-Jacques Herings, P. & Kanning, Arnald J., 2008. "Harmonization of private law on a global level," International Review of Law and Economics, Elsevier, vol. 28(4), pages 256-262, December.
    5. John Armour & Simon Deakin & Prabirjit Sarkar & Mathias Siems & Ajit Singh, 2009. "Shareholder Protection and Stock Market Development: An Empirical Test of the Legal Origins Hypothesis," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(2), pages 343-380, June.
    6. Lars Feld, 2005. "The European constitution project from the perspective of constitutional political economy," Public Choice, Springer, vol. 122(3), pages 417-448, March.
    7. Nuno Garoupa & Anthony Ogus, 2006. "A Strategic Interpretation of Legal Transplants," The Journal of Legal Studies, University of Chicago Press, vol. 35(2), pages 339-363, June.
    8. Emanuela Carbonara & Francesco Parisi, 2007. "The paradox of legal harmonization," Public Choice, Springer, vol. 132(3), pages 367-400, September.
    9. Alessandra Casella, 2001. "Product Standards and International Trade. Harmonization through Private Coalitions?," Kyklos, Wiley Blackwell, vol. 54(2‐3), pages 243-264, May.
    10. Loeper, Antoine, 2011. "Coordination in heterogeneous federal systems," Journal of Public Economics, Elsevier, vol. 95(7-8), pages 900-912, August.
    11. Frey, Bruno S. & Eichenberger, Reiner, 1996. "FOCJ: Competitive governments for Europe," International Review of Law and Economics, Elsevier, vol. 16(3), pages 315-327, September.
    12. Aron Balas & Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer, 2009. "The Divergence of Legal Procedures," American Economic Journal: Economic Policy, American Economic Association, vol. 1(2), pages 138-162, August.
    13. Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer & Robert W. Vishny, 1998. "Law and Finance," Journal of Political Economy, University of Chicago Press, vol. 106(6), pages 1113-1155, December.
    14. Martin Bodenstein & Heinrich Ursprung, 2005. "Political yardstick competition, economic integration, and constitutional choice in a federation:," Public Choice, Springer, vol. 124(3), pages 329-352, September.
    15. repec:bla:kyklos:v:54:y:2001:i:2-3:p:243-64 is not listed on IDEAS
    16. Rodrik, Dani, 2004. "Globalization and growth -- looking in the wrong places," Journal of Policy Modeling, Elsevier, vol. 26(4), pages 513-517, June.
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    1. Crettez Bertrand & Deffains Bruno & Musy Olivier, 2016. "Convergence of Legal Rules: Comparing Cooperative and Non-Cooperative Processes," Review of Law & Economics, De Gruyter, vol. 12(1), pages 13-35, March.
    2. Crettez, Bertrand & Deffains, Bruno & Musy, Olivier, 2014. "Legal convergence and endogenous preferences," International Review of Law and Economics, Elsevier, vol. 39(C), pages 20-27.

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    JEL classification:

    • C72 - Mathematical and Quantitative Methods - - Game Theory and Bargaining Theory - - - Noncooperative Games
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)

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