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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
Quel systeme mondial la triade Etats-Unis-Europe-Japon cherche-t-elle a imposer a travers l'actuelle mondialisation neo-liberale, quel systeme mondial alternatif serait en contrepoids possible et souhaitable, quel role pourrait y tenir le Sud ? Telles sont les questions auxquelles ce document de...
Persistent link: https://www.econbiz.de/10005776563
In the last few years law and finance scholars have 'discovered' the usefulness of comparative law. Their studies look at the quantifiable effect that legal rules and their enforcement have on financial development in different countries. Moreover, they link their results with the long- standing...
Persistent link: https://www.econbiz.de/10005813051
Why do inefficient %uF818 non-growth enhancing %uF818 institutions emerge and persist? This paper develops a simple framework to provide some answers to this question. Political institutions determine the allocation of political power, and economic institutions determine the framework for...
Persistent link: https://www.econbiz.de/10005036822
Since the “third wave” of democratization began in 1974, nearly 100 states have adopted democratic forms of government, including, of course, most of the former Soviet bloc nations. Policy-makers in the west have expressed the hope that this democratic wave will extend even further, to the...
Persistent link: https://www.econbiz.de/10005509580
The purpose of this paper is to explore the effects of island status and country size on institutional quality, and to determine if these institutional effects can explain the relatively strong economic performance of islands and small countries. One of the main findings of this paper is that...
Persistent link: https://www.econbiz.de/10005651602
This article connects two strands of the literature on social trust by directly estimating the effects of trust on growth through a set of potential transmission mechanisms. It does so by modeling the process using a 3SLS estimator on a sample of 85 countries for which a full data set is...
Persistent link: https://www.econbiz.de/10010593030
This paper seeks to add to the current debate about financial development and growth in the emerging world by looking at how different financial systems evolve: how and why financial structures change during various stages of development, how best to measure them, and seeing what practical...
Persistent link: https://www.econbiz.de/10008764103
In <em>Violence and Social Orders: A Conceptual Framework for Interpreting Recorded Human History</em>, Douglass C. North, John Joseph Wallis, and Barry R. Weingast probe the organizational foundations of development. Outlining the properties of the "natural" and "open entry" societies, they highlight as...
Persistent link: https://www.econbiz.de/10008680883