Showing 1 - 10 of 16
Assuming that the degree of discretion granted to judges was the main distinguishing feature between common and civil law until the 19th century, we argue that constraining judicial discretion was instrumental in protecting freedom of contract and developing the market order in civil law. We...
Persistent link: https://www.econbiz.de/10005771970
We argue that during the crystallization of common and civil law in the 19th century, the optimal degree of discretion in judicial rulemaking, albeit influenced by the comparative advantages of both legislative and judicial rulemaking, was mainly determined by the anti-market biases of the...
Persistent link: https://www.econbiz.de/10005772429
We argue that in the development of the Western legal system, cognitive departures are the main determinant of the optimal degree of judicial rule-making. Judicial discretion, seen here as the main distinguishing feature between both legal systems, is introduced in civil law jurisdictions to...
Persistent link: https://www.econbiz.de/10005772510
In 1500, Europe was composed of hundreds of statelets and principalities, with weak central authority, no monopoly over the legitimate use of violence, and overlapping jurisdictions. By 1800, only a handful of powerful, centralized nation states remained. We build a model that explains both the...
Persistent link: https://www.econbiz.de/10009372107
In 1921 Mexico produced a quarter of world’s petroleum, making the country the second largest producer in the world, but by 1930 it only accounted for 3 per cent of world’s production. To date the discussion has mostly relied on events taking place in Mexico for explaining the decline of the...
Persistent link: https://www.econbiz.de/10005704977
We employ a non-parametrical approach to growth accounting (Data Envelopment Analysis, DEA) to disentangle the proximate sources of labour productivity growth in 41 nations between 1929 and 1950 by decomposing productivity growth into four components: technological change; efficiency catch-up...
Persistent link: https://www.econbiz.de/10005772233
The old, understudied electoral system composed of multi-member districts, open ballot and plurality rule is presented as the most remote scene of the origin of both political parties and new electoral systems. A survey of the uses of this set of electoral rules in different parts of the world...
Persistent link: https://www.econbiz.de/10005248457
In spite of increasing representation of women in politics, little is known about their impact on policies. Comparing outcomes of parliaments with different shares of female members does not identify their causal impact because of possible differences in the underlying electorate. This paper...
Persistent link: https://www.econbiz.de/10005772002
This article presents, discusses and tests the hypothesis that it is the number of parties what can explain the choice of electoral systems, rather than the other way round. Already existing political parties tend to choose electoral systems that, rather than generate new party systems by...
Persistent link: https://www.econbiz.de/10005772478
Welfare is a rather vague term whose meaning depends on ideology, values and judgments. Material resources are just means to enhance people’s well-being, but growth of the Gross Domestic Production is still the standard measure of the success of a society. Fortunately, recent advances in...
Persistent link: https://www.econbiz.de/10008498417