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The Choice in the Lawmaking Process: Legal Transplants vs. Indigenous Law
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Peter Grajzl
Veröffentlicht/Copyright:
2. November 2009
We develop a model of lawmaking to study the efficiency implications of, and variation in, jurisdictions’ choices between promulgation of indigenously developed laws and legal transplants. Our framework emphasizes the sequential nature of lawmaking, the ubiquity of uncertainty, considerations about ex-ante promulgation versus ex-post adjustment costs, and the importance of the political context of legal reform. In discerning the patterns of inefficiencies in both transplantation and indigenous lawmaking, we elucidate the role of heterogeneity of interests and adaptability of a legal system. We also find that domestic corruption per se need not justify transplantation of foreign legal models. Our results support the view that local conditions are a crucial determinant of the appropriate path of institutional reform.
Published Online: 2009-11-2
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Artikel in diesem Heft
- Article
- Macroeconomic Instability and Corporate Failure: The Role of the Legal System
- Prevention of Crime and the Optimal Standard of Proof in Criminal Law
- Does a Rise in Maximal Fines Increase or Decrease the Optimal Level of Deterrence?
- Benchmarks and Economic Analysis
- Pass a Law, Any Law, Fast! State Legislative Responses to the Kelo Backlash
- The Problem of Shared Social Cost
- A Cost of Tax Planning
- Never Two Without Three: Commons, Anticommons and Semicommons
- Unavoidable Accident
- Protecting Private Property with Constitutional Judicial Review: A Social Welfare Approach
- Measuring Criminal Spillovers: Evidence from Three Strikes
- Corruption on the Court: The Causes and Social Consequences of Point-Shaving in NCAA Basketball
- Valuation of Quality of Life Losses Associated with Nonfatal Injury: Insights from Jury Verdict Data
- Belief in a Just World, Blaming the Victim, and Hate Crime Statutes
- Do Citizens Know Whether Their State Has Decriminalized Marijuana? Assessing the Perceptual Component of Deterrence Theory
- The Structure of Incremental Liability Rules
- Firms' Motivations for Environmental Overcompliance
- Contingent Fees, Signaling and Settlement Authority
- Rethinking the Economic Model of Deterrence: How Insights from Empirical Social Science Could Affect Policies Towards Crime and Punishment
- Crime, Business Conduct and Investment Decisions: Enterprise Survey Evidence from 34 Countries in Europe and Asia
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- The Devil Made Me Do It: The Corporate Purchase of Insurance
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- Decision Analysis on Whether to Accept a Remittitur
- Deterrence in Rank-Order Tournaments
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