The Distribution of Legal Traditions around the World: A Contribution to the Legal-Origins Theory

B-Tier
Journal: Journal of Law and Economics
Year: 2014
Volume: 57
Issue: 3
Pages: 561 - 628

Authors (2)

Daniel Oto-Peralías (not in RePEc) Diego Romero-Ávila (not in RePEc)

Score contribution per author:

1.005 = (α=2.01 / 2 authors) × 1.0x B-tier

α: calibrated so average coauthorship-adjusted count equals average raw count

Abstract

The distribution of the common law was conditioned by a colonial strategy sensitive to the colonies' level of endowments, exhibiting a more effective implantation of the legal system in initially sparsely populated territories with a temperate climate. This translates into a negative relationship of precolonial population density and settler mortality with legal outcomes for common-law countries. By contrast, the implantation of the French civil law was not systematically influenced by initial conditions, which is reflected in the lack of such a relationship for this legal family. The common law does not generally lead to legal outcomes superior to those provided by the French civil law when precolonial population density and/or settler mortality are high. The form of colonial rule in British colonies is found to mediate between precolonial endowments and postcolonial legal outcomes.

Technical Details

RePEc Handle
repec:ucp:jlawec:doi:10.1086/676556
Journal Field
Industrial Organization
Author Count
2
Added to Database
2026-01-29