法律与金融“起源”

Law and Finance “at the Origin”

Journal of Economic Literature · 2009
被引 115
人大 A-ABS 4

中文导读

以古罗马的早期股份公司(societas publicanorum)为例,探讨法律与政治环境对金融发展的影响,发现法律发展作用有限,而政治支持更为关键。

Abstract

What are the key determinants of financial development and growth? A large literature debates the relative importance of countries' legal and political environment. In this paper, I present evidence from ancient Rome, where an early form of shareholder company, the societas publicanorum, developed. I show that the societas publicanorum flourished in a legally underdeveloped but politically supportive environment (Roman Republic) and disappeared when Roman law reached its height of legal sophistication but the political environment grew less supportive (Roman Empire). In the Roman case, legal development appears to have mattered little as long as the law as practiced was flexible and adapted to economic needs. The “law as practiced,” in turn, reflected prevalent political interests. After discussing parallels in more recent history, I provide a brief overview of the literature on law and finance and on politics and finance. The historical evidence suggests that legal systems may be less of a technological constraint for growth than previously thought—at least “at the origin.”

古罗马股份公司法律起源政治环境