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Legal Origins

Quarterly Journal of Economics 2002 117(4), 1193-1229 open access
A central requirement in the design of a legal system is the protection of law enforcers from coercion by litigants through either violence or bribes. The higher the risk of coercion, the greater the need for protection and control of law enforcers by the state. Such control, however, also makes law enforcers beholden to the state, and politicizes justice. This perspective explains why, starting in the twelfth and thirteenth centuries, the relatively more peaceful England developed trials by independent juries, while the less peaceful France relied on state-employed judges to resolve disputes. It may also explain many differences between common and civil law traditions with respect to both the structure of legal systems and the observed social and economic outcomes.

The Regulation of Entry

Quarterly Journal of Economics 2002 117(1), 1-37 open access
Countries differ significantly in the way in which they regulate the entry of new businesses. To meet government requirements for starting to operate a business in Austria, an entrepreneur must complete 12 procedures taking at least 154 business days and pay US$11,612 in government fees. To do the same, an entrepreneur in Bolivia needs to follow 20 different procedures, pay US$2,696 in fees to the government and wait at least 82 business days to acquire the necessary permits. In contrast, an entrepreneur in Canada can finish the process in roughly 2 days by paying US$280 in government fees and completing only 2 procedures.