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developed trials by jury, while the less peaceful France relied on state-employed judges for both collecting evidence and making … France remained less peaceful than England), and may explain many differences between common and civil law traditions with …
Persistent link: https://www.econbiz.de/10012470452
We evaluate Richard Posner's famous hypothesis that common law converges to efficient legal rules using a model of precedent setting by appellate judges. Following legal realists, we assume that judicial decisions are subject to personal biases, and that changing precedent is costly to judges....
Persistent link: https://www.econbiz.de/10012467420
There is an inherent tension between the idea that individuals have certain inalienable (natural) rights and the economist's postulate that the rate if utilization of anything whose production requires scarce resources must be limited by considerations of opportunity cost. Remarks about rights...
Persistent link: https://www.econbiz.de/10012479113
This part deals with the basic elements of property law. I begin in chapter 7 by examining the fundamental question of what justifies the social institution of property, that is, the rationale for the rights that constitute what we commonly call ownership. I also discuss examples of the...
Persistent link: https://www.econbiz.de/10012469003
During Britain's industrialization, Parliament operated a forum where rights to land and resources could be reorganized. This venue enabled landholders and communities to exploit economic opportunities that could not be accommodated by the inflexible rights regime inherited from the past. In...
Persistent link: https://www.econbiz.de/10012462955
paper reviews both the theory and empirical evidence supporting and refuting the law and …
Persistent link: https://www.econbiz.de/10012467176
freer nor more flexible than that in France during this critical period. Not only did U.S. law offer enterprises a more … France to improve the menu of choices. To the contrary, it was not until the late twentieth century that U.S. business …
Persistent link: https://www.econbiz.de/10012468406
We assemble new data on the British and French concessions in Shanghai between 1845 and 1936 to assess the legal origins view of financial development. During this period, two regime changes altered the degree to which the British common and French civil law traditions held jurisdiction over the...
Persistent link: https://www.econbiz.de/10012533343
We develop a model of the plaintiff's decision to file a law suit that has implications for how differences between the federal government and private litigants and litigation translate into differences in trial rates and plaintiff win rates at trial. Our case selection model generates a set of...
Persistent link: https://www.econbiz.de/10012471488
This article surveys the theory of the public enforcement of law -- the use of public agents (inspectors, tax auditors …, police, prosecutors) to detect and to sanction violators of legal rules. We first present the basic elements of the theory … examine a variety of extensions of the central theory, concerning accidental harms, costs of imposing fines, errors, general …
Persistent link: https://www.econbiz.de/10012471807