The Divergence of Legal Procedures
研究了1950年至2000年间40个国家的民事诉讼程序形式主义程度,发现普通法系与大陆法系国家的差异在扩大,法律起源对法律规则有持久影响。
Simeon Djankov et al. (2003) introduce a measure of the quality of contract enforcement—the formalism of civil procedure—for 109 countries as of 2000. For 40 of these countries, we compute procedural formalism every year since 1950. We find that large differences in procedural formalism between common and civil law countries existed in 1950 and widened by 2000. For this area of law, the findings are inconsistent with the hypothesis that national legal systems are converging, and support the view that legal origins exert long lasting influence on legal rules.