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The Distribution of Legal Traditions around the World: A Contribution to the Legal-Origins Theory

Listed author(s):
  • Daniel Oto-Peralías
  • Diego Romero-Ávila

The distribution of the common law was conditioned by a colonial strategy sensitive to the colonies' level of endowments, exhibiting a more effective implantation of the legal system in initially sparsely populated territories with a temperate climate. This translates into a negative relationship of precolonial population density and settler mortality with legal outcomes for common-law countries. By contrast, the implantation of the French civil law was not systematically influenced by initial conditions, which is reflected in the lack of such a relationship for this legal family. The common law does not generally lead to legal outcomes superior to those provided by the French civil law when precolonial population density and/or settler mortality are high. The form of colonial rule in British colonies is found to mediate between precolonial endowments and postcolonial legal outcomes.

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File URL: http://dx.doi.org/10.1086/676556
Download Restriction: Access to the online full text or PDF requires a subscription.

File URL: http://dx.doi.org/10.1086/676556
Download Restriction: Access to the online full text or PDF requires a subscription.

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Article provided by University of Chicago Press in its journal The Journal of Law and Economics.

Volume (Year): 57 (2014)
Issue (Month): 3 ()
Pages: 561-628

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Handle: RePEc:ucp:jlawec:doi:10.1086/676556
Contact details of provider: Web page: http://www.journals.uchicago.edu/JLE/

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