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Legal origins: reconciling law and finance and comparative law

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  • Mathias M Siems

Abstract

In the last few years law and finance scholars have 'discovered' the usefulness of comparative law. Their studies look at the quantifiable effect that legal rules and their enforcement have on financial development in different countries. Moreover, they link their results with the long- standing distinction between Civil Law and Common Law countries. Whether this revival of 'legal families' is a useful way forward is, however, a matter of debate. The following article challenges these studies and looks for characteristic features which are more precise and meaningful than the use of legal families as such.

Suggested Citation

  • Mathias M Siems, 2006. "Legal origins: reconciling law and finance and comparative law," Working Papers wp321, Centre for Business Research, University of Cambridge.
    • Handle: RePEc:cbr:cbrwps:wp321
    Note: PRO-2
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    References listed on IDEAS

    as
    1. Thorsten Beck & Ross Levine, 2008. "Legal Institutions and Financial Development," Springer Books, in: Claude Ménard & Mary M. Shirley (ed.), Handbook of New Institutional Economics, chapter 11, pages 251-278, Springer.
    2. Djankov, Simeon & McLiesh, Caralee & Shleifer, Andrei, 2007. "Private credit in 129 countries," Journal of Financial Economics, Elsevier, vol. 84(2), pages 299-329, May.
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    5. Rafael La Porta & Florencio Lopez‐De‐Silanes & Andrei Shleifer, 2002. "Government Ownership of Banks," Journal of Finance, American Finance Association, vol. 57(1), pages 265-301, February.
    6. Simeon Djankov & Rafael La Porta & Florencio Lopez-de-Silanes & Andrei Shleifer, 2002. "The Regulation of Entry," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 117(1), pages 1-37.
    7. Djankov, Simeon & La Porta, Rafael & Lopez-de-Silanes, Florencio & Shleifer, Andrei, 2008. "The law and economics of self-dealing," Journal of Financial Economics, Elsevier, vol. 88(3), pages 430-465, June.
    8. Rafael La Porta & Florencio Lopez‐De‐Silanes & Andrei Shleifer, 2006. "What Works in Securities Laws?," Journal of Finance, American Finance Association, vol. 61(1), pages 1-32, February.
    9. Simon Deakin, 2002. "Evolution for our time: a theory of legal memetics," Working Papers wp242, Centre for Business Research, University of Cambridge.
    10. Claude Menard & Mary M. Shirley (ed.), 2005. "Handbook of New Institutional Economics," Springer Books, Springer, number 978-0-387-25092-2, June.
    Full references (including those not matched with items on IDEAS)

    Citations

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    Cited by:

    1. Di Vita, Giuseppe, 2009. "Legal families and environmental protection: Is there a causal relationship?," Journal of Policy Modeling, Elsevier, vol. 31(5), pages 694-707, September.
    2. Uchenna R. Efobi & Belmondo V. Tanankem & Simplice A. Asongu, 2018. "Female Economic Participation with Information and Communication Technology (ICT) Advancement: Evidence from Sub-Saharan Africa," Research Africa Network Working Papers 18/005, Research Africa Network (RAN).
    3. Uchenna R. Efobi & Belmondo V. Tanankem & Simplice A. Asongu, 2018. "Female Economic Participation with Information and Communication Technology Advancement: Evidence from Sub‐Saharan Africa," South African Journal of Economics, Economic Society of South Africa, vol. 86(2), pages 231-246, June.
    4. Efobi, Uchenna & Tanankem, Belmondo & Asongu, Simplice, 2016. "Technological Advancement and the Evolving Gender Identities: A Focus on the Level of Female Economic Participation in Sub-Saharan Africa," MPRA Paper 77306, University Library of Munich, Germany.
    5. repec:ces:ifodic:v:4:y:2006:i:3:p:14567475 is not listed on IDEAS
    6. Simon Deakin, 2006. "'Capacitas': Contract Law and the Institutional Preconditions of a Market Economy," Working Papers wp325, Centre for Business Research, University of Cambridge.
    7. Pollitt, Michael, 2009. "Evaluating the evidence on electricity reform: Lessons for the South East Europe (SEE) market," Utilities Policy, Elsevier, vol. 17(1), pages 13-23, March.
    8. repec:dau:papers:123456789/12816 is not listed on IDEAS
    9. Di Vita, Giuseppe, 2008. "Differences in pollution levels among civil law countries: A possible interpretation," Energy Policy, Elsevier, vol. 36(10), pages 3774-3786, October.
    10. Baxamusa, Mufaddal & Jalal, Abu, 2014. "Does religion affect capital structure?," Research in International Business and Finance, Elsevier, vol. 31(C), pages 112-131.
    11. Simon Deakin, 2008. "Legal Origin, Juridical Form and Industrialisation in Historical Perspective: The Case of the Employment Contract and the Joint-Stock Company," Working Papers wp369, Centre for Business Research, University of Cambridge.
    12. Gerner-Beuerle, Carsten, 2014. "Determinants of corporate governance codes," LSE Research Online Documents on Economics 55828, London School of Economics and Political Science, LSE Library.
    13. Aguir, Iness & Misra, Lalatendu, 2017. "Ownership level choice and value creation in international joint ventures: The role of investor protection," International Review of Economics & Finance, Elsevier, vol. 49(C), pages 515-535.
    14. Mathias M. Siems, 2006. "Shareholder Protection Across Countries – Is the EU on the Right Track?," ifo DICE Report, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 4(03), pages 39-43, October.
    15. Mathias Siems, 2009. "Shareholder, Creditor and Worker Protection: Time Series Evidence about the Differences between French, German, Idian, UK and US Law," Working Papers wp381, Centre for Business Research, University of Cambridge.
    16. Armour, J. & Deakin, S. & Mollica, V. & Siems, M.M., 2010. "Law and Financial Development: What we are learning from time-series evidence," Working Papers wp399, Centre for Business Research, University of Cambridge.
    17. Mathias M. Siems, 2006. "Shareholder Protection Across Countries – Is the EU on the Right Track?," ifo DICE Report, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 4(3), pages 39-43, October.
    18. Simon Deakin, 2008. "Legal Origin, Juridical Form and Industrialisation in Historical Perspective: The Case of the Employment Contract and the Joint-Stock Company," WEF Working Papers 0042, ESRC World Economy and Finance Research Programme, Birkbeck, University of London.

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    More about this item

    Keywords

    legal origins; legal families; legal traditions; numerical comparative law; law and finance; law and development; Civil Law; Common Law;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K20 - Law and Economics - - Regulation and Business Law - - - General
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • N20 - Economic History - - Financial Markets and Institutions - - - General, International, or Comparative
    • N40 - Economic History - - Government, War, Law, International Relations, and Regulation - - - General, International, or Comparative
    • O10 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - General
    • P51 - Political Economy and Comparative Economic Systems - - Comparative Economic Systems - - - Comparative Analysis of Economic Systems

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