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Law and economic change in traditional China: a comparative perspective

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  • Ma, Debin

Abstract

This article offers a critical review of recent literature on Chinese legal tradition and argues that some subtle but fundamental differences between the Western and Chinese legal traditions are highly relevant to our explanation of the economic divergence in the modern era. By elucidating the fundamental feature of traditional Chinese legal system within the framework of a disciplinary mode of administrative justice, this article highlights the contrasting growth patterns of legal professions and legal knowledge in China and Western Europe that would ultimately affect property rights, contract enforcement and ultimately long-term growth trajectories. The paper concludes with some preliminary analysis on the inter-linkages between the historical evolution of political institution and legal regimes.

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  • Ma, Debin, 2009. "Law and economic change in traditional China: a comparative perspective," Economic History Working Papers 27872, London School of Economics and Political Science, Department of Economic History.
    • Handle: RePEc:ehl:wpaper:27872
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    File URL: http://eprints.lse.ac.uk/27872/
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    References listed on IDEAS

    as
    1. Greif,Avner, 2006. "Institutions and the Path to the Modern Economy," Cambridge Books, Cambridge University Press, number 9780521480444.
    2. Ma, Debin, 2004. "Why Japan, Not China, Was the First to Develop in East Asia: Lessons from Sericulture, 1850-1937," Economic Development and Cultural Change, University of Chicago Press, vol. 52(2), pages 369-394, January.
    3. John Shuhe Li, 2003. "Relation‐based versus Rule‐based Governance: an Explanation of the East Asian Miracle and Asian Crisis," Review of International Economics, Wiley Blackwell, vol. 11(4), pages 651-673, September.
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    JEL classification:

    • N0 - Economic History - - General
    • K0 - Law and Economics - - General

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