The Unification of American Commercial Law
Arnald J. Kanning
January 17, 2015
The economy of a state (‘dependent state’) may depend relatively more upon the economy of another, less dependent, state (‘dominant state’) than vice versa. This paper shows why the ‘dominant state’ can wield leverage over the issue of which legal rules to include in a uniform commercial law. In the preparation of a uniform commercial law, the ‘dependent state’ looks more likely to make a trade-off between increased interstate economic activity and applying less-preferred legal rules. Within the conceptual framework of historical and comparative institutional analysis (HCIA), an empirical study is offered of the American movement for the unification of commercial law throughout the nineteenth and twentieth century.
Number of Pages in PDF File: 41
Keywords: HCIA, legal transplants, unification of commercial law, U.S. Uniform Commercial Code
JEL Classification: K00
Date posted: April 24, 2012 ; Last revised: January 17, 2015
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