Traditional and Innovative Approaches to Legal Reform: 'The New Company Law'
In this paper, we have distinguished three different positions along the reform strategy spectrum of company law. The first position is located on the left side of the spectrum and closest to stasis - where virtually no effective legal changes can occur and where only the idea of reform clashes with legal tradition and standardization pressures. An example of a jurisdiction that takes this position is Germany. Along or near the mid-point of the spectrum, company law changes are less impeded by tradition and standardization factors, but more influenced by interest group pressures. We see England occupying this position. Japan can be seen as a more adaptable jurisdiction located toward the right end of the spectrum and therefore better able to create and introduce more functional legal rules and institutions that turn the traditional view of company law around. It is submitted that Singapore is located on the right side of the spectrum as its legislature is aware of the need to adapt the legal system to international business practices in order to develop a distinct jurisprudence, acclaimed for its efficiency and integrity, which is set apart from the English legal system.Length: 36 pages
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- Berkowitz, Daniel & Pistor, Katharina & Richard, Jean-Francois, 2003.
"Economic development, legality, and the transplant effect,"
European Economic Review,
Elsevier, vol. 47(1), pages 165-195, February.
- Daniel Berkowitz & Katharina Pistor & Jean-Francois Richard, 2000. "Economic Development, Legality, and the Transplant Effect," William Davidson Institute Working Papers Series 308, William Davidson Institute at the University of Michigan.
- Daniel Berkowitz & Karina Pistor & Jean-Francois Richard, 2001. "Economic Development, Legality, and the Transplant Effect," William Davidson Institute Working Papers Series 410, William Davidson Institute at the University of Michigan.
- Daniel Berkowitz & Katharina Pistor & Jean-Francois Richard, 2000. "Economic Development, Legality, and the Transplant Effect," CID Working Papers 39, Center for International Development at Harvard University.
- Carney, William J, 1997. "The Political Economy of Competition for Corporate Charters," The Journal of Legal Studies, University of Chicago Press, vol. 26(1), pages 303-29, January.
- B. Thompson, 2008. "Liveability," ERES eres2008_275, European Real Estate Society (ERES).
- Liebowitz, S J & Margolis, Stephen E, 1995.
"Path Dependence, Lock-in, and History,"
Journal of Law, Economics and Organization,
Oxford University Press, vol. 11(1), pages 205-26, April.
- Antonio E. Bernardo & Ivo Welch, 2001.
"On the Evolution of Overconfidence and Entrepreneurs,"
Journal of Economics & Management Strategy,
Wiley Blackwell, vol. 10(3), pages 301-330, 09.
- Antonio Bernardo & Ivo Welch, 2001. "On the Evolution of Overconfidence and Entrepreneurs," Yale School of Management Working Papers ysm211, Yale School of Management, revised 01 Nov 2003.
- Antonio E. Bernardo & Ivo Welch, 2001. "On the Evolution of Overconfidence and Entrepreneurs," Cowles Foundation Discussion Papers 1307, Cowles Foundation for Research in Economics, Yale University.
- Bernardo, Antonio & Welch, Ivo, 1997. "On the Evolution of Overconfidence and Entrepreneurs," University of California at Los Angeles, Anderson Graduate School of Management qt6668s4pz, Anderson Graduate School of Management, UCLA.
- Rasmusen, E., 1993.
"Judicial Legitimacy as a Repeated Game,"
93-017, Indiana - Center for Econometric Model Research.
- Gary S. Becker, 1983. "A Theory of Competition Among Pressure Groups for Political Influence," The Quarterly Journal of Economics, Oxford University Press, vol. 98(3), pages 371-400.
- Katz, Michael L & Shapiro, Carl, 1986. "Technology Adoption in the Presence of Network Externalities," Journal of Political Economy, University of Chicago Press, vol. 94(4), pages 822-41, August.
- John M. Figueiredo & Emerson H. Tiller, 2001. "The Structure and Conduct of Corporate Lobbying: How Firms Lobby the Federal Communications Commission," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 10(1), pages 91-122, 03.
- 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.
- Robert D. Tollison, 1985. "Public Choice and Antitrust," Cato Journal, Cato Journal, Cato Institute, vol. 4(3), pages 905-931, Winter.
- Paul G. Mahoney, 1998. "Trust and Opportunism in Close Corporations," NBER Working Papers 6819, National Bureau of Economic Research, Inc.
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