Seminar 5: The Legal Origins Debate
This seminar looks at new strand of comparative law and economics that builds on the so-called legal origins thesis. The La Porta paper is a literature review, I have then selected a paper by Hadfield who represents a different take on this but still looking at matters from the perspective of ‘new institutional economics’ broadly defined. The French response to the policy implications of this mode of analysis are worth noting.
La Porta et al ‘The Economic Consequences of Legal Origins’(2008) 46 Journal of Economic Literature 285
Hadfield ‘The Levers of Legal Design: Institutional Determinants of the Quality of Law’ (2008) 36 Journal of Comparative Economics. 43
Valcke ‘The French Response to the World Bank’s Doing Business Reports’ (2010) 60(2) University of Toronto Law Journal 197
Michaels ‘The Second Wave of Comparative Law and Economics?’(2009) 59(2) University of Toronto Law Journal 197
Milhaupt ‘Beyond Legal Origin: Rethinking Law’s Relationship to the Economy—Implications for Policy’ (2009) 57(4) American Journal of Comparative Law 831
Favarque-Cosson and Kerhuel ‘Is Law an Economic Contest? French Reactions to the Doing Business World Bank Reports and Economic Analysis of the Law’ (2009) 57(4) American Journal of Comparative Law 811
Plus the 57(4) issue of (2009) American Journal of Comparative Law has a number of papers on legal origins.