Abstract:
Many legal economists suggest that the common law system spurs more economic growth than the civil law system. The legal origins movement popularized this theory. From the perspective of such literature, the existence of hybrid, pluralist or mixed legal jurisdictions is a puzzle. Why has civil law persisted while common law is more efficient? This paper discusses the efficiency of the common law hypothesis from the perspective of hybrid jurisdictions. We argue that the complexities of legal systems require a more nuanced analysis. The consequence is that there is no single efficient outcome, thus undermining the “one-size-fits-all” theory of the legal origins literature.
(Lexis)
Garoupa and Liguerre, ‘The efficiency of the common law: The puzzle of mixed legal families’. Wisconsin International Law Journal, Winter, 2012. 29 Wis. Int’l L.J. 671.
First posted 2012-11-08 07:42:16
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