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Legal Institutions Legal Origins And Governance
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Book Synopsis Legal Origins and the Efficiency Dilemma by : Nuno Garoupa
Download or read book Legal Origins and the Efficiency Dilemma written by Nuno Garoupa and published by Routledge. This book was released on 2016-12-08 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner’s 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.
Book Synopsis History of the Common Law by : John H. Langbein
Download or read book History of the Common Law written by John H. Langbein and published by Aspen Publishers. This book was released on 2009-08-14 with total page 1194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.
Download or read book Public Law written by Fouad Sabry and published by One Billion Knowledgeable. This book was released on 2024-08-07 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's complex world, understanding the legal frameworks that govern our societies is essential. "Public Law," part of the "Political Science" series, provides a comprehensive analysis of the principles and structures shaping governmental power, constitutional integrity, and the judiciary's role in democratic governance globally. This book is a vital resource for deepening your knowledge of public law and its societal impact. Chapter Summaries: 1. Public Law - Foundational concepts, scope, significance, and distinction from private law. 2. Comparative Law - How different legal systems address similar issues and the benefits of comparative perspectives. 3. Separation of Powers - Ensuring no single branch of government holds excessive power through checks and balances. 4. Sovereignty - The concept's evolution and implications for national and international law. 5. Legal History - The historical development of legal systems and principles. 6. Civil Law (Legal System) - Origins and influence of the civil law tradition on global legal systems. 7. International Law - Rules and principles governing relations between nations. 8. Law - Law as a system of rules maintaining societal order. 9. Legal Relationship - How laws regulate interactions between individuals and entities. 10. Lex Regia (Imperial) - Historical concept of imperial law's impact on modern systems. 11. Roman Law - Foundations and lasting influence on contemporary legal doctrines. 12. Montesquieu - Contributions to legal theory, especially separation of powers. 13. Private Law - Regulation of relationships between private individuals. 14. The Spirit of Law - Insights from Montesquieu's seminal work on law and governance. 15. Law of France - Characteristics and historical development of the French legal system. 16. Body Politic - Concept and significance in political and legal theory. 17. Lex Animata - Notion of living law in modern contexts. 18. Institutes (Gaius) - Cornerstone of Roman legal education and practice. 19. Law School of Berytus - Historical significance in legal education development. 20. Law of Italy - Insights into the Italian legal system and its influences. 21. Code of Justinian - Compilation of Roman law under Emperor Justinian and its lasting impact. "Public Law" is an invaluable resource for professionals, students, and anyone passionate about understanding the legal structures underpinning democratic governance, offering in-depth insights for those seeking to expand their knowledge beyond the basics.
Book Synopsis Imagining the Law by : Norman F. Cantor
Download or read book Imagining the Law written by Norman F. Cantor and published by . This book was released on 1997 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the role of the legal profession, the jury system and other key aspects of American law are under much dispute, "Imagining the Law" provides a historical perspective on these critical public issues. Historian Norman Cantor explains how and why common law developed out of Roman law, in response to the needs and assumptions of English society and culture from 1000 to 1780, and how it became the basis of the American legal system. Professor Cantor shows that many of the current debates about the jury trial, the adversarial model and other parts of our legal system stem from this history. He highlights the minds and personalities of prominent judicial leaders, from Cicero and Justinian in the ancient world, through Glanville and Bracton in the Middle Ages, to Coke, Blackstone and Bentham in later centuries. A concluding chapter relates the social and cultural history of common law to the American system of Supreme Court Justices John Marshall and Oliver Wendell Holmes and to the legal profession in the United States today. "Imagining the Law" is authoritatively based on the extensive amount of recent research and writing in the field of legal history, and on Professor Cantor's reading of thousands of court cases. It is the first book to examine legal history in a cultural and sociological context and thus illuminates one of our most important institutions in a whole new way.
Book Synopsis Law and Development by : Frank H. Stephen
Download or read book Law and Development written by Frank H. Stephen and published by Edward Elgar Publishing. This book was released on 2018 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on the analytical framework of New Institutional Economics (NIE) to critically examine the role which law and the legal system play in economic development. Analytical concepts from NIE are used to assess policies which have been supported by multilateral development organisations including securing private property rights, reform of the legal system and financial development. The importance of culture in shaping the legal environment, which in turn influences financial sector development, is also assessed using Oliver Williamson’s ‘levels of social analysis’ framework.
Book Synopsis Legal Origins and Legal Change by : Alan Watson
Download or read book Legal Origins and Legal Change written by Alan Watson and published by A&C Black. This book was released on 1991-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Privatized Justice written by Dale Gibson and published by University of Manitoba, Canadian Legal History Project. This book was released on 1993 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Economic Consequences of Legal Origins by : Rafael La Porta
Download or read book The Economic Consequences of Legal Origins written by Rafael La Porta and published by . This book was released on 2007 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, economists have produced a considerable body of research suggesting that the historical origin of a country's laws is highly correlated with a broad range of its legal rules and regulations, as well as with economic outcomes. We summarize this evidence and attempt a unified interpretation. We also address several objections to the empirical claim that legal origins matter. Finally, we assess the implications of this research for economic reform.
Book Synopsis Good Government and Law by : J. Faundez
Download or read book Good Government and Law written by J. Faundez and published by Springer. This book was released on 2016-07-27 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provision of legal technical assistance has in recent years become a major concern for international financial institutions, such as the World Bank, and for Western-based bilateral donor agencies. This book offers critical perspectives for the evaluation of legal technical assistance projects and contains proposals for action and research. Five chapters offer general perspectives on law, state and civil society and the remaining six case studies on themes such as economic regulation, agrarian reform, representation of women and access to justice.
Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger
Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Book Synopsis The Syndrome of the Efficiency of the Common Law by : Nuno Garoupa
Download or read book The Syndrome of the Efficiency of the Common Law written by Nuno Garoupa and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our paper is a methodological critique of the recent legal origins literature. We start by showing that the legal origins cannot be easily based on the efficiency hypothesis of the common law. By debunking the relationship between the efficiency hypothesis of the common law and the legal origins literature, we are left with no consistent theory to explain the alleged inferiority of French civil law. It is clear that the legal origins literature is based on a particular biased selection of “cherry-picked” legal doctrines. A different selection of “cherry-picked” legal doctrines produces a distinct assessment. We discuss examples that look at substantive law and procedure in the core areas of property, contracts and torts. These are the areas that have been documented to be crucial for economic growth. The second set of examples look at the organization of the legal system and governance. The influence of these variables on economic growth is more controversial, but they have been part of the argument against the efficiency of French civil law. We argue that a careful examination of rules and legal institutions shows that the inefficiency hypothesis of French law is not sustainable under the current framework of comparative law and economics. Our goal is not to argue that French law is more efficient than common law. Our criticism is essentially methodological. Robust micro-based assessments of rules and legal institutions should prevail over macro generalizations and “cherry-picking” theories that lack a serious theoretical framework. The academic discussion concerning the efficiency superiority of the common law should not overcome the detailed study of legal institutions around the world. Successful legal reforms need to address local problems under local restrictions and specific determinants. In our view, legal reforms based on misperceptions and generalizations are actually detrimental.
Download or read book Origins of Order written by Paul W. Kahn and published by Yale University Press. This book was released on 2019-01-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how two fundamental concepts of order influence our ideas about sovereignty, citizenship, law, and history Western accounts of natural and political order have deployed two basic ideas: project and system. In a project, order is produced by the intentional act of a subject; in a system, order is immanent in the world. In the former, order is made; in the latter, discovered. Paul W. Kahn shows how project and system have long been at work in our theological and philosophical tradition. Against this background, Kahn explains the development of the modern legal imagination in the nineteenth century as a movement from project to system. Americans began the century imagining the constitutional order as their common project: a deliberate construction of We the People. They ended the century imagining that order is continuous with the common law: an immanent development of the principles of civilization. This imaginative shift affected ideas of legal text, sovereignty, citizenship, interpretation, history, and science.
Book Synopsis Do Legal Origins Have Persistent Effects Over Time? by : Aldo Musacchio
Download or read book Do Legal Origins Have Persistent Effects Over Time? written by Aldo Musacchio and published by . This book was released on 2008 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: How persistent are the effects of legal institutions adopted or inherited in the distant past? A substantial literature argues that legal origins have persistent effects that explain clear differences in investor protections and financial development around the world today (La Porta et al, 1998, 1999 and passim). This paper examines the persistence of the effects of legal origins by examining new estimates of different indicators of financial development in more than 20 countries in 1900 and 1913.
Download or read book Law and Finance written by Thorsten Beck and published by World Bank Publications. This book was released on 2002 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: New research suggests that cross-country differences in legal origin help explain differences in financial development. This paper empirically assesses two theories of why legal origin influences financial development. First, the political' channel stresses that (i) legal traditions differ in the priority they give to the rights of individual investors vis- ...-vis the state and (ii) this has repercussions for the development of property rights and financial markets. Second, the adaptability' channel holds that (i) legal traditions differ in their ability to adjust to changing commercial circumstances and (ii) 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. We use historical comparisons and cross-country regressions to assess the validity of these two channels. We find that legal origin matters for financial development because legal traditions differ in their ability to adapt efficiently to evolving economic conditions.
Book Synopsis Law and Memory by : Uladzislau Belavusau
Download or read book Law and Memory written by Uladzislau Belavusau and published by Cambridge University Press. This book was released on 2017-10-19 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume revisits memory laws as a phenomenon of global law, transitional justice, historical narratives and claims for historical truth. It will appeal to those interested in the conflict between legal governance of memory with values of democratic citizenship, political pluralism, and fundamental rights.
Book Synopsis Some Lessons from Our Legal History by : Sir William Searle Holdsworth
Download or read book Some Lessons from Our Legal History written by Sir William Searle Holdsworth and published by . This book was released on 1928 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
