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KoGuan Law School Wang Xinyuan & Ding Junjie. Key Words. Legal Origins Economic Outcomes LLSV. Legal Origins. A broad conception Crucial factors for the style of a legal family. Legal Origins. Legal Origin Distribution. A Brief Introduction of Legal Origins. French Family.
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KoGuan Law School Wang Xinyuan & Ding Junjie
Key Words Legal Origins Economic Outcomes LLSV
Legal Origins A broad conception Crucial factors for the style of a legal family
French Family French Revolution and Napoleon’s codes Ideologies:use state power to alter propertyrights Legal influence Involuntary transplantation
German Family Base on Roman law German Commercial vs. French system Legal influence:China
Socialist Family Originate in the Soviet Union Revertion to French or German law after the fall of Berlin Wall Disappeared
Scandinavian Family Less derivative from Rman law Distinct
Five points about this classification Exceptions of voluntary transplantation French civil law :the most distict civil law Mutual influence of common law and civil law Legislation in common law The reclassification of transition economies
A Brief introduction of LLSV Rafael La Porta Florencio Lopez-de-Silanes Andrei Shleifer Robert Vishny
About LLSV's Research rank the strength or weaknesses of lawsby assigning a numerical value to each type of law in a particular field compare the efficacy of different legal systems how these legal systems correlate with particular goals such as economic growth or employment. a methodology of data analysis
Other Conclusions • The law systems in rich countries are better at protecting investers than those in poor countries.
Other Conclusions • A poor protection for investers may lead to a more inferior external finance and a smaller capital market
The Theoretical Contribution of LLSV's Research • The first attemption to apply data analysis to lagal research • May be helpful to those fields LLSV never reached (eg. PE) A Brand New Methodology
The Practical Importance of LLSV's Research The World Bank Use LLSV's research Asses and promote a particular way of legal development
The Controversy Against LLSV's Research LLSV's Idea: common law judges have discretion to shape rules to changing economic circumstances, while civilian judges are bound to apply misleading because based on a superficial and outdated image of the differences between the common law and the civil law
Other Critisisms of LLSV's Research Has Already Been Amended by LLSV's Later Papers
Main Conclusions common law countries were not outperformed by civil law countries in various shareholders protection measures labour law was in fact positive for economic development in most cases.
Main Conclusions • legal origin effect needs to be considered alongside other more recent influences including the impact of transnational standard setting in company, insolvency and labour law. • there is not any assumption here that common law institutions are better fitted to market-based economic systems than those of the civil law.