Journal ArticleDOI
The Dynamics of the Legal Process
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Goodman as mentioned in this paper developed a more general set of conditions under which the common law will be efficient, including the adversary process and the repeated litigation of inefficient legal rules, and showed that repeated litigation will generate a tendency to replace these inefficient rules with more efficient precedents.Abstract:
IN the last few years a number of legal scholars have studied the common law from a primarily positive point of view, asking whether or not the behavior of the relevant parties will cause the legal system to move to an "efficient" outcome. Several have claimed that judges will be motivated to prefer an efficient rather than inefficient outcome,' while others have expanded this approach by arguing that the repeated litigation of inefficient legal rules will generate a tendency to replace these inefficient rules with more efficient precedents.2 Goodman3 has taken this analysis a step further by developing a model which looks more carefully at the adversary process. As a result, he is able to develop a more general set of conditions under which the common law will be efficient. Goodman, as well as Rizzo and Arnold4 and Cooter, Kornhauser, and Lane5 present interesting critiques of the earlier models, while focusing on the question of whether the legal process will tend over time to an efficient outcome. In terms of the language of economics, all of the previous authors focusread more
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Journal ArticleDOI
Law and Finance: Why Does Legal Origin Matter?
TL;DR: The authors empirically assesses two theories of why legal origin influences financial development, i.e., political and adaptation, and concludes that legal systems that adapt quic kly to minimize the gap between the contracting needs of the economy and the legal system's capabilities will foster financial development more effectively than would more rigid legal traditions.
Posted Content
Economic Analysis of Legal Disputes and Their Resolution
TL;DR: In the early 1970s, economics was relegated by lawyers to the technical role of providing expert advice on a relatively narrow set of laws in such fields as antitrust and labor as mentioned in this paper.
Posted Content
Law and finance: why does legal origin matter?
TL;DR: In this paper, the authors assess two theories of why legal origin influences financial development: political and adaptation, and conclude that legal systems that adapt quickly to minimize the gap between the contracting needs of the economy and the legal system's capabilities will foster financial development more effectively than would more rigid legal traditions.
Book ChapterDOI
Legal Institutions and Financial Development
Thorsten Beck,Ross Levine +1 more
TL;DR: A burgeoning literature finds that financial development exerts a first-order impact on long-run economic growth, which raises critical questions, such as why do some countries have well-developed growthenhancing financial systems while others do not? The law and finance theory focuses on the role of legal institutions in explaining international differences in financial development as discussed by the authors.
Posted Content
Law, Endowments, and Property Rights
Ross Levine,Ross Levine +1 more
TL;DR: This paper reviewed both the theory and empirical evidence supporting and refuting the law and endowment views of property rights, concluding that historically determined differences in national legal traditions continue to shape cross-country differences in property rights.