Shareholder, Creditor and Worker Protection: Time Series Evidence about the Differences between French, German, Indian, UK and US Law
Mathias M. Siems
Durham University - Durham Law School; University of Cambridge - Centre for Business Research
May 29, 2009
Centre for Business Research, University of Cambridge, Working Paper No. 381
This paper uses a new quantitative methodology ("numerical comparative law", "leximetrics") in order to answer the questions of whether there has been convergence, divergence or persistence of for shareholder, creditor, and worker protection, and how this development relates to the Common Law/Civil Law distinction. It is based on new indices which code the legal development of France, Germany, India, the UK and the US from 1970 to 2005. The main result is that one has to distinguish between different areas of law: the laws have converged in shareholder protection, they have diverged in worker protection and in creditor protection converging and diverging trends even out. These results do not depend on the distinction between Civil Law and Common Law countries, because there have been a number of instances where countries of different legal families have converged and countries of the same legal family have diverged.
A revised version of this paper was published under the title "Convergence in Corporate Governance: A Leximetric Approach", available at http://ssrn.com/abstract=1444860.
Number of Pages in PDF File: 28
Keywords: shareholder protection, creditor protection, worker protection, comparative law, legal convergence, numerical comparative law, leximetrics
JEL Classification: G30, K00, K12, K31, N20, N40, P50
Date posted: January 19, 2009 ; Last revised: January 30, 2014