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Legal Origins: Reconciling Law & Finance and Comparative Law

Mathias M. Siems

Durham University - Durham Law School; University of Cambridge - Centre for Business Research

July 2007

McGill Law Journal, Vol. 52, No. 1, 2007

Law and finance scholars have increasingly relied upon comparative law in the last few years. The work of these scholars has considered, in empirical terms, the effect that legal rules and their enforcement have on financial development in different countries. These studies have routinely adopted the traditional distinction between civil law and common law countries. Whether this revival of legal families (or legal origins) is a useful way forward is, however, a matter of debate. The author challenges the methodology these studies adopt and argues instead for reliance on characteristic features of national legal systems, as distinct from systemic origins, as a basis for analysis.

Number of Pages in PDF File: 27

Keywords: Legal origins, legal families, legal traditions, numerical comparative law, law and finance, law and development, Civil Law, Common Law, legal adaptability, legal transplants, Djankov et. al., La Porta et. al., LLSV

JEL Classification: K00, K20, K22, N20, N40, O10, P51

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Date posted: August 3, 2006  

Suggested Citation

Siems, Mathias M., Legal Origins: Reconciling Law & Finance and Comparative Law (July 2007). McGill Law Journal, Vol. 52, No. 1, 2007. Available at SSRN: http://ssrn.com/abstract=920690 or http://dx.doi.org/10.2139/ssrn.920690

Contact Information

Mathias M. Siems (Contact Author)
Durham University - Durham Law School ( email )
Stockton Road
Durham, County Durham DH1 3LE
United Kingdom
HOME PAGE: http://www.dur.ac.uk/mathias.siems
University of Cambridge - Centre for Business Research ( email )
Top Floor, Judge Business School Building
Trumpington Street
Cambridge, CB2 1AG
United Kingdom
HOME PAGE: http://www.cbr.cam.ac.uk/people/research-associates/mathias-m-siems/
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