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Legal Origin Theory

Edited by Simon Deakin, Professor of Law, University of Cambridge, UK and Katharina Pistor, Michael I. Sovern Professor of Law, Columbia Law School, New York, US
In this volume, Professor Deakin and Professor Pistor include those key articles which highlight the major contributions to, but also the inherent limits of, the legal origin literature. They consider the merits of this approach in the context of three fields of inquiry: the study of comparative law; the analysis of the relation between law and markets; and the understanding of the role of legal systems in social ordering.
Extent: 648 pp
Hardback Price: £197.00 Web: £177.30
Publication Date: 2012
ISBN: 978 0 85793 909 8
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  • Development Studies
  • Development Studies
  • Law and Development
  • Economics and Finance
  • Law and Economics
  • Law - Academic
  • Law and Development
  • Law and Economics
In this volume, Professor Deakin and Professor Pistor include those key articles which highlight the major contributions to, but also the inherent limits of, the legal origin literature. They consider the merits of this approach in the context of three fields of inquiry: the study of comparative law; the analysis of the relation between law and markets; and the understanding of the role of legal systems in social ordering.

In their thought-provoking new introduction, the editors discuss the modifications to the original legal origin hypothesis over time and point the way for the future development of this influential, yet controversial, theory.
‘Legal Origin Theory is a very useful collection for anyone trying to get to rips with the legal origin theory debate, which is still of course on-going as no final arguments have yet been presented. The editors’ introduction is very useful. . .’
– Jaakko Husa, Comparative Legal History
17 articles, dating from 1936 to 2010
Contributors include: D. Acemoglu, S. Djankov, E. Glaeser, R. La Porta, F. Lopez-de-Silanes, H. Mattei, E.C. Perotti, R. Rajan, M.J. Roe, A. Shleifer, H.F. Stone, L. Zingales
Contents:

Acknowledgements

Introduction Simon Deakin and Katharina Pistor

PART I LEGAL ORIGIN: CONCEPT AND CONSEQUENCES
1. Edward L. Glaeser and Andrei Shleifer (2002), ‘Legal Origins’
2. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1998), ‘Law and Finance’
3. Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer (2008), ‘The Economic Consequences of Legal Origins’

PART II COMMON AND CIVIL LAW IN COMPARATIVE LEGAL SCHOLARSHIP
4. Harlan F. Stone (1936), ‘The Common Law in the United States’
5. André Tunc (1976), ‘Methodology of the Civil Law in France’
6. Pierre Legrand (1996), ‘European Legal Systems are not Converging’

PART III DATA AND METHODOLOGY
7. Holger Spamann (2010), ‘The “Antidirector Rights Index” Revisited’
8. Michael Graff (2008), ‘Law and Finance: Common Law and Civil Law Countries Compared – An Empirical Critique’

PART IV LEGAL ORIGIN AND THE EVOLUTION OF LAW AND LEGAL SYSTEMS
9. Simeon Djankov, Edward Glaeser, Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer (2003), ‘The New Comparative Economics’
10. John Armour, Simon Deakin, Priya Lele and Mathias Siems (2009), ‘How do Legal Rules Evolve? Evidence from a Cross-Country Comparison of Shareholder, Creditor, and Worker Protection’
11. Enrico C. Perotti and Ernst-Ludwig von Thadden (2006), ‘The Political Economy of Corporate Control and Labor Rents’

PART V BEYOND LEGAL ORIGIN: UNDERSTANDING INSTITUTIONAL DETERMINANTS OF ECONOMIC GROWTH
12. Daron Acemoglu, Simon Johnson and James A. Robinson (2001), ‘The Colonial Origins of Comparative Development: An Empirical Investigation’
13. Daniel Berkowitz, Katharina Pistor and Jean-Francois Richard (2003), ‘Economic Development, Legality, and the Transplant Effect’
14. Raghuram G. Rajan and Luigi Zingales (2003), ‘The Great Reversals: The Politics of Financial Development in the Twentieth Century’
15. Mark J. Roe (2006), ‘Legal Origins, Politics, and Modern Stock Markets’

PART VI COMPARATIVE ANALYSIS OF LEGAL SYSTEM – ALTERNATIVE APPROACHES
16. Franz von Benda-Beckmann (2002), ‘Who’s Afraid of Legal Pluralism?’
17. Ugo Mattei (1997), ‘Three Patterns of Law: Taxonomy and Change in the World’s Legal Systems’