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Legal Origins Theory
The legal origins theory claims that the two main legal traditions or origins, civil law and common law, crucially shape lawmaking and dispute adjudication and have not been reformed after the initial exogenous transplantation by Europeans. Therefore, they affect economic outcomes to date. According to the evidence reported by the initial proponents of such a theory, countries that received civil law would display today less secure investor rights, stricter regulation, and more inefficient governments and courts than those that inherited common law. These differences would reflect both a stronger historical emphasis of common law on private ordering and the higher adaptability of judge-made law. Colonial Transplantation and Main Structural Differences While English common law originated in thirteenth century England and has then been transplanted through colonization and occupation to England’s ex-colonies (United States, Canada, Australia, and several countries in Central Amer ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principl ...
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Robert W
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' ( non, Hróðr) "fame, glory, honour, praise, renown" and ''berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin. It is also in use as a surname. Another commonly used form of the name is Rupert. After becoming widely used in Continental Europe it entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta. The Italian, Portuguese, and Spanish form is Roberto. Robert is also a common name in many Germanic languages, including English, German, Dutch, Norwegian, Swedish, Scots, Danish, and Icelandic. It can be ...
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Comparative Law
Comparative law is the study of differences and similarities between the law (legal systems) of different countries. More specifically, it involves the study of the different legal "systems" (or "families") in existence in the world, including the common law, the civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism, economic globalization, and democratization. History The origins of modern Comparative Law can be traced back to Gottfried Wilhelm Leibniz in 1667 in his Latin-language book ''Nova Methodus Discendae Docendaeque Iurisprudentiae'' (New Methods of Studying and Teaching Jurisprudence). Chapter 7 (Presentation of Law as the Project for all Nations, Lands and Times) introduces the idea of classifying Legal Systems into sever ...
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Theories Of Law
A theory is a rational type of abstract thinking about a phenomenon, or the results of such thinking. The process of contemplative and rational thinking is often associated with such processes as observational study or research. Theories may be scientific, belong to a non-scientific discipline, or no discipline at all. Depending on the context, a theory's assertions might, for example, include generalized explanations of how nature works. The word has its roots in ancient Greek, but in modern use it has taken on several related meanings. In modern science, the term "theory" refers to scientific theories, a well-confirmed type of explanation of nature, made in a way consistent with the scientific method, and fulfilling the criteria required by modern science. Such theories are described in such a way that scientific tests should be able to provide empirical support for it, or empirical contradiction (" falsify") of it. Scientific theories are the most reliable, rigorous, and co ...
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Economic Theories
Economics () is the social science that studies the production, distribution, and consumption of goods and services. Economics focuses on the behaviour and interactions of economic agents and how economies work. Microeconomics analyzes what's viewed as basic elements in the economy, including individual agents and markets, their interactions, and the outcomes of interactions. Individual agents may include, for example, households, firms, buyers, and sellers. Macroeconomics analyzes the economy as a system where production, consumption, saving, and investment interact, and factors affecting it: employment of the resources of labour, capital, and land, currency inflation, economic growth, and public policies that have impact on these elements. Other broad distinctions within economics include those between positive economics, describing "what is", and normative economics, advocating "what ought to be"; between economic theory and applied economics; between rational and ...
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Paul Mahoney (American Lawyer)
Paul G. Mahoney (born 1959) is an American law professor who worked as the dean of the University of Virginia School of Law from July 1, 2008 to July 1, 2016. He succeeded John Calvin Jeffries as Dean, and was succeeded by Risa L. Goluboff. Education Mahoney earned a Bachelor of Science degree in electrical engineering from the Massachusetts Institute of Technology in 1981 and a Juris Doctor from Yale Law School in 1984. Career Mahoney clerked for Judge Ralph K. Winter Jr. of the United States Court of Appeals for the Second Circuit and for United States Supreme Court Justice Thurgood Marshall. He practiced law at Sullivan & Cromwell from 1986 until 1990, when he joined the Virginia law faculty. His areas of academic interest are securities regulation, law and economic development, corporate finance, financial derivatives and contracts. Mahoney is a member of the Council on Foreign Relations, and was an associate editor of the ''Journal of Economic Perspectives'' and a di ...
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Glorious Revolution
The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and VII of England and Scotland in November 1688, and his replacement by his daughter Mary II and her husband and James's nephew William III of Orange, de facto ruler of the Dutch Republic. A term first used by John Hampden in late 1689, it has been notable in the years since for having been described as the last successful invasion of England as well as an internal coup, with differing interpretations from the Dutch and English perspectives respectively. Despite his personal Catholicism, a religion opposed by the Protestant majority in England and Scotland, James became king in February 1685 with widespread support in both countries, since many feared that his exclusion would lead to a repetition of the 16391651 Wars of the Three Kingdoms. ...
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Napoleon
Napoleon Bonaparte ; it, Napoleone Bonaparte, ; co, Napulione Buonaparte. (born Napoleone Buonaparte; 15 August 1769 – 5 May 1821), later known by his regnal name Napoleon I, was a French military commander and political leader who rose to prominence during the French Revolution and led successful campaigns during the Revolutionary Wars. He was the ''de facto'' leader of the French Republic as First Consul from 1799 to 1804, then Emperor of the French from 1804 until 1814 and again in 1815. Napoleon's political and cultural legacy endures to this day, as a highly celebrated and controversial leader. He initiated many liberal reforms that have persisted in society, and is considered one of the greatest military commanders in history. His wars and campaigns are studied by militaries all over the world. Between three and six million civilians and soldiers perished in what became known as the Napoleonic Wars. Napoleon was born on the island of Corsica, not long af ...
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Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood behind their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in 1217, it formed part of the ...
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Edward Glaeser
Edward Ludwig Glaeser (born May 1, 1967) is an American economist and Fred and Eleanor Glimp Professor of Economics at Harvard University. He is also Director for the Cities Research Programme at the International Growth Centre. He was educated at The Collegiate School in New York City before obtaining his A.B. in economics from Princeton University and his Ph.D. in economics from the University of Chicago. Glaeser joined the faculty of Harvard in 1992, where he is currently (as of January 2018) the Fred and Eleanor Glimp Professor at the Department of Economics. He previously served as the Director of the Taubman Center for State and Local Government and the Director of the Rappaport Institute for Greater Boston (both at Harvard Kennedy School). He is a senior fellow at the Manhattan Institute, and a contributing editor of '' City Journal''. He was also an editor of the ''Quarterly Journal of Economics''. Glaeser and John A. List were mentioned as reasons why the AEA committe ...
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Andrei Shleifer
Andrei Shleifer ( ; born February 20, 1961) is a Russian-American economist and Professor of Economics at Harvard University, where he has taught since 1991. Shleifer was awarded the biennial John Bates Clark Medal in 1999 for his seminal works in three fields: corporate finance (corporate governance, law and finance), the economics of financial markets (deviations from efficient markets), and the economics of transition. IDEAS/RePEc has ranked him as the second top economist in the world, and he is also listed as #1 on the list of "Most-Cited Scientists in Economics & Business". He served as project director of the Harvard Institute for International Development's Russian aid project from its inauguration in 1992 until 1997,Wedel, Janine. Shadow Elite: How the World's New Power Brokers Undermine Democracy, Government, and the Free Market. New York: Basic, 2009. where he and his associates made Russian investments, and settled a lawsuit from the U.S. government for such a violati ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ...
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