In a Case Law regime Courts have more flexibility than in a Statute Law regime. Since Statutes are inevitably incomplete, this confers an advantage to the Statute Law regime over the Case Law one. However, all Courts rule ex-post, after most economic decisions are already taken. Therefore, the...

The weight of the housing tenancy market in Spain is very low. It is frequently argued that an ineffective judicial system, implying a cumbersome procedure to evict a non-paying tenant or simply requiring a long period to execute a decision, may be an important determinant of the tenancy...

There is extensive literature on whether courts or legislators produce efficient rules, but which of them produces rules efficiently? The law is subject to uncertainty ex ante; uncertainty makes the outcomes of trials difficult to predict and deters parties from settling disputes out of court. In...

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...

An increasing amount of literature links the quality of institutions and governance to economic performance across the economies. In this respect, the maintenance of rule of law plays a critical role, for it encourages growth, investments and innovations, and firm growth and business...

Imagine a space in which the Rule of Law does not have the same prevalence it has in the real space. Imagine a space where fundamental rights are created and enforced by the technology, a space in which your rights are absolute, meaning that you enjoy no limits on them in exchange for not being...

This article investigates the access to justice concerns surrounding jurisdiction motions in Ontario, taking inspiration from a 2015 Ontario Superior Court decision that held that jurisdiction motions are ripe for abuse and impeding access to justice. In Part I, the author summarizes the...

Although scholarship in law and development which explores the relationship between law and social and economic progress has evolved over the last four decades, this area of inquiry remains unfamiliar to many legal scholars, lawyers, and policy makers. Scholars have not yet been able to develop...

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the...