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

Author

Listed:
  • Bertrand Crettez

    (EconomiX - EconomiX - UPN - Université Paris Nanterre - CNRS - Centre National de la Recherche Scientifique)

  • Bruno Deffains

    (EconomiX - EconomiX - UPN - Université Paris Nanterre - CNRS - Centre National de la Recherche Scientifique)

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," Working Papers hal-04140746, HAL.
    • Handle: RePEc:hal:wpaper:hal-04140746
    Note: View the original document on HAL open archive server: https://hal.science/hal-04140746
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    References listed on IDEAS

    as
    1. Beck, Thorsten & Demirguc-Kunt, Asli & Levine, Ross, 2003. "Bank supervision and corporate finance," Policy Research Working Paper Series 3042, The World Bank.
    2. Nicola Gennaioli & Andrei Shleifer, 2008. "Judicial Fact Discretion," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 1-35, January.
    3. Bruno Deffains & Dominique Demougin, 2008. "The Inquisitorial and the Adversarial Procedure in a Criminal Court Setting," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 164(1), pages 31-43, March.
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