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On the Role of Inequalities in Legal Systems: A Tocquevilian View

Author

Listed:
  • Bertrand Crettez
  • Bruno Deffains

Abstract

The present paper proposes to interpret the differences in legal systems between common-law and civil- law nations as arising from the importance given to adjudication in comparison with statute laws. It focuses on the relative costs of legal change by adjudication (case law development) when compared with legislation (statutory law development). The main argument is that the public concern with equality is a major determinant of the relative cost of adjudication in a legal system. We develop a model of the legal process that illustrates Tocqueville's fundamental intuition with regard to the uniformity of legal rules, and as a consequence, the relative importance of adjudication and legislation.

Suggested Citation

  • Bertrand Crettez & Bruno Deffains, 2008. "On the Role of Inequalities in Legal Systems: A Tocquevilian View," EconomiX Working Papers 2008-13, University of Paris Nanterre, EconomiX.
    • Handle: RePEc:drm:wpaper:2008-13
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    File URL: http://economix.fr/pdf/dt/2008/WP_EcoX_2008-13.pdf
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    More about this item

    Keywords

    Inequality; Law and Economics; Adjudication; Legislation;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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