Code or court: the financial-political aspect of correlation between common and civil law

Olga Pogrebennyk ()

European Journal of Law and Economics, 2014, vol. 37, issue 2, 175-181

Abstract: This paper analyses the ‘law and finance theory’ and other papers which are based on it and finds that the theory has more in common with a political order than independent scientific research. This paper argues that, as our world becomes more and more globalized, common law countries in general, and case law in particular, have a little advantage when it concerns financial and business relationships. Consequently, such differences as legal origins can become a huge rift for global unity. It concludes that, in agreement with many philosophers, the best way is a ‘middle way’. It recommends the construction a new system of law, which combines the best aspects of the common and civil law families. Copyright Springer Science+Business Media, LLC 2014

Keywords: Law and finance; Legal origins; Common law; Civil law; LLSV; F0; G3; K4 (search for similar items in EconPapers)
Date: 2014
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Persistent link: https://EconPapers.repec.org/RePEc:kap:ejlwec:v:37:y:2014:i:2:p:175-181

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DOI: 10.1007/s10657-011-9263-6

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