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Did the Independence of Judges Reduce Legal Development in England, 1600–1800?

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  • Peter Murrell

Abstract

Conventional wisdom confers iconic status on the clause of England’s Act of Settlement (1701) mandating secure tenure for judges. This paper uses new databases of judges’ biographies and citations to estimate how the move to secure tenure affected the number of citations to judges’ decisions, a measure of the quality of decisions. Several strategies facilitate identification of the effect of secure tenure. A court-year panel permits use of a difference-in-differences framework. Controls capture judges’ human capital and amount of litigation. Historical evidence, tests of sensitivity to omitted-variable bias, and instrumental variables estimates support the findings on the effects of tenure arrangements derived from ordinary least squares estimates. Secure tenure had a strong deleterious effect on associate judges’ decisions and a smaller positive effect on chief judges’ decisions. The effect of all judges having secure tenure is negative, large, and statistically significant. The act had an effect opposite of that universally assumed.

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  • Peter Murrell, 2021. "Did the Independence of Judges Reduce Legal Development in England, 1600–1800?," Journal of Law and Economics, University of Chicago Press, vol. 64(3), pages 539-565.
    • Handle: RePEc:ucp:jlawec:doi:10.1086/713250
    DOI: 10.1086/713250
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    Cited by:

    1. Peter Grajzl & Peter Murrell, 2023. "Of families and inheritance: law and development in England before the Industrial Revolution," Cliometrica, Springer;Cliometric Society (Association Francaise de Cliométrie), vol. 17(3), pages 387-432, September.
    2. António Henriques & Nuno Palma, 2023. "Comparative European Institutions and the Little Divergence, 1385–1800," Journal of Economic Growth, Springer, vol. 28(2), pages 259-294, June.
    3. Karol Jan Borowiecki & Nicholas Martin Ford & Maria Marchenko, 2023. "Harmonious relations: quality transmission among composers in the very long run," European Review of Economic History, European Historical Economics Society, vol. 27(3), pages 454-476.

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