Joint Program of Sections on Comparative Law and Law and Economics
Marina Salon G, South Tower/Level 3, San Diego Marriott Hotel & Marina
The Doing Business Reports by the World Bank and the Legal Origins Thesis: Is Economics Replacing Comparative Law?
A recent economics literature-law and finance measures the effects of law on economic growth and finds correlation between a country's economic outcomes and the historical origin of its laws (the so-called Legal Origins Thesis). Common law countries, in particular, appear to enjoy better outcomes than their civil law counterparts. These findings have been enormously influential; the World Bank bases its "Doing Business" reports on them.
Much of this research runs directly counter to current to comparative law scholarship. Comparatists are hesitant to say that one law is better than the other. In particular the distinction between civil law and common law is frequently dismissed as too simplistic and irrelevant.
Unsurprisingly, economists and comparatists have either ignored or criticized each other. This program explores whether this mutual criticism is justified and, more importantly, what each discipline can learn from the other. Can economists improve their research by adopting comparative lawyer's attention to detail and culture? Can comparative lawyers learn from economists how to improve the relevance and influence of their research in policy debates?
A panel of economists and comparatists from the United States and France will explore these and other questions. Presentations will be brief, maximizing time for discussion.
Business Meeting at Program conclusion.
-Click here to listen to podcast- -Click here to view Holger Spamann’s Presentation Materials-