法律起源能否预测法律实质?

Do Legal Origins Predict Legal Substance?

Journal of Law & Economics · 2021
被引 37
人大 A-ABS 3

中文导读

利用跨国数据对财产法和反垄断法进行详细编码,发现法律起源能很好预测财产法相似性,但对反垄断法预测力弱,说明法律起源对成熟法律领域有预测力,对新兴领域则不足。

Abstract

There is a large body of research in economics and law suggesting that the legal origin of a country—that is, whether its legal regime is based on English common law or French, German, or Nordic civil law—profoundly impacts a range of outcomes. However, the exact relationship between legal origin and legal substance has been disputed in the literature and not fully explored with nuanced legal coding. We revisit this debate while leveraging novel cross-country data sets that provide detailed coding of two areas of laws: property and antitrust. We find that having shared legal origins strongly predicts whether countries have similar property regimes but does little to predict whether countries have similar antitrust regimes. Our results suggest that legal origin may be an important predictor of legal substance in well-established legal regimes but does little to explain substantive variation in more recent areas of law.

法律起源财产法反垄断法法律实质