Mixed systems in legal origins analysis

Southern California Law Review

Volumn 83, Issue 3, 2010, Pages 693-729

  Kim, Kensie ^a,b  

^a UNIVERSITY OF SOUTHERN CALIFORNIA   (United States)

^b Program on US Russia Relations at Columbia s Harriman Institute   (United States)

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[No Author keywords available]

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EID: 77955344671     PISSN: 00383910     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (212)

1. Rafael La Porta et al., Legal Determinants of External Finance, 52 J. FIN. 1131 (1997) [hereinafter LLSV 1997].
2. Rafael La Porta, Florencio Lopez-de-Silanes & Andrei Shleifer, The Economic Consequences of Legal Origins, 46 J. ECON. LITERATURE 285, 285-87, 291-98 (2008) [hereinafter LLS 2008].
3. Kenneth W. Dam, Legal Institutions. Legal Origins, and Governance 10 (Univ. of Chi., John M. Olin Law & Econ. Working Paper No. 303, 2006).
4. In 2004, the World Bank released its annual "Doing Business" report, which highlighted the significant impact of a country's legal origin on its regulatory scheme and, ultimately, its economic development. It suggested that civil law systems present a handicap for developing countries when compared to common law systems.
5. Emma Phillips, The War on Civil Law? The Common Law as a Proxy for the Global Ambition of Law and Economics, 24 WIS. INT'L L. J. 915, 942-43 (2007).
6. This Note will use the terms "hybrid" system and "mixed" system interchangeably.
7. See Kenneth G. C. Reid, The Idea of Mixed Legal Systems, 78 TUL. L. REV. 5, 11 (2003).
8. See id. at 16.
9. See infra Part II. B.
10. See infra Part IV. B-C (discussing such findings and implications).
11. See infra text accompanying notes 93-97 (further discussing the link between these areas of law and economic outcomes).
12. William Tetley, Mixed Jurisdictions: Common Law v. Civil Law (Codified and Uncodified), 60 LA. L. REV. 677, 681 (2000)
13. (citing JOHN HENRY MERRYMAN, THE CIVIL LAW TRADITION: AN INTRODUCTION TO THE LEGAL SYSTEMS OF WESTERN EUROPE AND LATIN AMERICA 1 (2d ed. 1985)).
14. Id. at 682.
15. KONRAD ZWEIGERT & HEIN KÖTZ, AN INTRODUCTION TO COMPARATIVE LAW 68 (Tony Weir trans., Oxford Univ. Press 1998) (1977).
16. See generally id.
17. LLS 2008, supra note 2, at 288.
18. Id. at 285-87, 291-98.
19. Id at 298.
20. Id. at 302. Note, though, that LLS 2008 is careful to qualify that there is no proof of direct causation between legal origins and higher rates of economic growth.
21. See id. at 309 ("Crucially, the Legal Origins Theory does not say that common law always works better for the economy."). There are only a handful of papers that actually address the direct connection between legal origins and economic growth rates
22. see, e.g., Daniel Klerman et al., Legal Origin and Economic Growth (forthcoming) (on file with author);
23. Paul G. Mahoney, The Common Law and Economic Growth: Hayek Might Be Right, 30 J. LEGAL STUD. 503 (2001);
24. Jacek Rostowski & Bogdan Stacescu, The Wig and the Pith Helmut-the Impact of "Legal School" Versus Colonial Institutions on Economic Performance (Ctr. for Soc. & Econ. Research, Working Paper No. 300, 2006), including this Note.
25. LLSV 1997, supra note 1.
26. Dam, supra note 3, at 7-8.
27. See LLS 2008, supra note 2, at 285-86.
28. See generally id.
29. Klerman et al., supra note 18 (manuscript at 1) (footnote omitted).
30. LLS 2008, supra note 2.
31. Id. at 292.
32. Id. at 292-93.
33. Id. at 293.
34. Id.
35. Id. at 298.
36. Id. at 299.
37. See generally Mahoney, supra note 18 (arguing that common law's association with limited government, not its effect on financial development, explains the faster economic growth of common law countries compared with civil law countries from 1960 to 1992).
38. See LLS 2008, supra note 2, at 302, 309 ("Crucially, the Legal Origins Theory does not say that common law always works better for the economy.").
39. See Klerman et al., supra note 18 (manuscript at 1-4);
40. Rostowski & Stacescu, supra note 18, at 16-18.
41. Dam, supra note 3, at 10. Though LLSV does not claim that legal origins directly affect economic growth rates, the suggestions and implications of the legal origins research have had profound effects on development efforts and strategies.
42. See infra note 33 and accompanying text.
43. Phillips, supra note 4, at 942-43.
44. Id.
45. Ralf Michaels, Comparative Law by Numbers? Legal Origins Thesis, Doing Business Reports, and the Silence of Traditional Comparative Law, 57 AM. J. COMP. L. 765, 766 (2009).
46. LLS 2008, supra note 2, at 325.
47. See, e.g., Rafael La Porta, Florencio Lopez-de-Silanes & Andrei Shleifer, Corporate Ownership Around the World, 54 J. FIN. 471, 479 (1999);
48. Rafael La Porta et al., Investor Protection and Corporate Valuation, 57 J. FIN. 1147, 1156 (2002);
49. Rafael La Porta et al., Law and Finance, 106 J. POL. ECON. 1113, 1113 (1998);
50. LLSV 1997, supra note 1, at 1139-48.
51. See also Data for LLS 2008, available at http://www.economics.harvard. edu/faculty/shleifer/files/JEL-%20web.xls.
52. One notable exception is Klerman et al., supra note 18 (manuscript at 3) (assigning a fifth code to hybrids in their analysis).
53. See Part III for further discussion about defining hybrid countries.
54. JuriGlobe Research Group, University of Ottawa, Mixed Legal Systems, http://www.juriglobe.ca/eng/sys-juri/class-poli/sys-mixtes.php (last visited Mar. 20, 2010) [hereinafter JuriGlobe Mixed Legal Systems].
55. See generally MIXED JURISDICTIONS WORLDWIDE: THE THIRD LEGAL FAMILY (Vernon Valentine Palmer ed., 2001) (focusing his study on seven countries and identifying a total of fourteen in appendix B).
56. Reinhard Zimmermann, "Double Cross": Comparing Scots and South African Law, in MIXED LEGAL SYSTEMS IN COMPARATIVE PERSPECTIVE: PROPERTY AND OBLIGATIONS IN SCOTLAND AND SOUTH AFRICA 1, 3 (Reinhard Zimmermann, Daniel Visser & Kenneth Reid eds., 2004).
57. ZWEIGERT & KOTZ, supra note 13, at 72.
58. See Mathias M. Siems, Legal Origins: Reconciling Law and Finance and Comparative Law, 52 MCGILL L. J. 55, 78 (2007).
59. See Charles Edwards, Australia: Accommodating Multi-Culturalism in Law, in STUDIES IN LEGAL SYSTEMS: MIXED AND MIXING 53, 53 (Esin Örücü, Elspeth Attwooll & Sean Coyle eds., 1996).
60. See JuriGlobe Mixed Legal Systems, supra note 40.
61. See Reid, supra note 6, at 11.
62. See id. at 16.
63. LLS 2008, supra note 2, at 288.
64. Tetley, supra note 11, at 680.
65. See Klerman et al., supra note 18 (manuscript at 5).
66. See id. (manuscript at 2).
67. See Reid, supra note 6, at 16-17.
68. Id. at 17-19.
69. See MIXED JURISDICTIONS WORLDWIDE: THE THIRD LEGAL FAMILY, supra note 41.
70. See STUDIES IN LEGAL SYSTEMS: MIXED AND MIXING, supra note 45.
71. See MKED LEGAL SYSTEMS IN COMPARATIVE PERSPECTIVE: PROPERTY AND OBLIGATIONS IN SCOTLAND AND SOUTH AFRICA, supra note 42.
72. See Tetley, supra note 11.
73. See Reid, supra note 6.
74. JuriGlobe Mixed Legal Systems, supra note 40. This resource is not included in the discussion of current literature in the text accompanying notes 13-15.
75. See generally MIXED LEGAL SYSTEMS IN COMPARATIVE PERSPECTIVE: PROPERTY AND OBLIGATIONS IN SCOTLAND AND SOUTH AFRICA, supra note 42.
76. See generally MIXED JURISDICTIONS WORLDWIDE: THE THIRD LEGAL FAMILY, supra note 41.
77. These areas are particularly relevant to economic growth or legal institutions that affect economic outcomes.
78. See infra text accompanying notes 93-97.
79. There are few papers that deal directly with economic growth even in legal origins literature, and even then, few deal extensively with hybrid countries.
80. But see supra note 18 (discussing notable exceptions including Klerman et al., supra note 18).
81. Most countries in the world could in some way be justifiably called "hybrid", using the loosest definition of the term. As one scholar describes, "[C]lose inspection invariably reveals that countries firmly at the cores of the common law and civil law 'families' have inevitably borrowed legal rules, institutions or practices from outside their family, so that cross-fertilization and hybridization are rampant." John K. M. Ohnesorge, China's Economic Transition and the New Legal Origins Literature, 14 CHINA ECON. REV. 485, 486 (2003).
82. JuriGlobe Mixed Legal Systems, supra note 40.
83. Id.
84. JuriGlobe Research Group, University of Ottawa, Alphabetical Index of the Political Entities and Corresponding Legal Systems, http://www.juriglobe.ca/ eng/sys-juri/index-alpha.php (last visited Mar. 20, 2010). Political entities as defined by JuriGlobe can denote jurisdictions that are not sovereign nations-for example, Quebec, Louisiana, and Northern Ireland. Id.
85. Vincent Valentine Palmer, Introduction to the Mixed Jurisdictions, in MIXED JURISDICTIONS WORLDWIDE: THE THIRD LEGAL FAMILY, supra note 41, at 3, 7-8 (citation omitted).
86. These countries were added based on descriptions of their legal histories. Jordan was part of the Ottoman Empire and thus had a legal system with strong civil law aspects until the United Kingdom took possession in 1917. LAW AND JUDICIAL SYSTEMS OF NATIONS 270 (The World Jurist Ass'n ed., 4th ed. 2002) [hereinafter WORLD JURIST]. The nation of Somalia in its current state was formed when British Somaliland and Italian Somaliland merged to form one country in 1960. CIA World Factbook, Somalia, https://www.cia.gov/library/ publications/the-world-factbook/geos/so.html (last visited Mar. 20, 2010) (expand "Introduction" bar).
87. "We did not code as 'mixed' countries where most of the country had one legal system, but a region (such as Louisiana, Quebec, or Scotland) had a different legal system. Instead, we coded such countries according to the legal system which governed the majority of the country."
88. Klerman et al., supra note 18 (manuscript at 5).
89. "For this reason, Cameroon was coded as of French legal origin. The southwestern part of the country has a common law legal system, but it is a relatively small part of the country, both in terms of population and economic activity."
90. See id. (manuscript at 5 n. 8).
91. CIA World Factbook, Cameroon, https://www.cia.gov/library/publications/ the-worldfactbook/geos/cm.html (last visited Mar. 20, 2010) (expand "Introduction" bar).
92. CIA World Factbook, Somalia, supra note 70.
93. CIA World Factbook, Vanuatu, https://www.cia.gov/library/publications/ the-worldfactbook/geos/nh.html (last visited Mar. 20, 2010) (expand "Introduction" bar).
94. See JENNIFER CORRIN CARE, CONTRACT LAW IN THE SOUTH PACIFIC 9 (2001).
95. See id. at 9-11.
96. See also WORLD JURIST, supra note 70, at 607-08 (discussing how the issue of whether English law or French law applies depends on whichever is expressly or impliedly chosen, or if neither, how it depends on whether the parties are English or French nationals).
97. See Klerman et al., supra note 18 (manuscript at 5).
98. Alan Heston, Robert Summers & Bettina Aten, Ctr. for Int'l Comparisons of Prod., Income & Prices at the Univ. of Pa., Penn World Table Version 6.2 (Sept. 2006), http://pwt.econ.upenn.edu/php-site/pwt62/pwt62-form. php (last visited Mar. 20, 2010) [hereinafter Perm World Data 6.2]. Scotland, Louisiana, and Quebec also did not have GDP data available. It should be noted, though, that these countries follow the same pattern of common law influence in public and corporate/securities law as the other countries and thus support the main findings of this study.
99. For example, Guyana follows the same pattern of having a Roman-Dutch civil property law as the other hybrids.
100. See ROSE-MARIE BELLE ANTOINE, COMMONWEALTH CARIBBEAN LAW AND LEGAL SYSTEMS 61-62 (2d ed. 2008). Guyana also follows the pattern of having British common law influence in the other areas.
101. See Thomas H. Reynolds & Arturo A. Flores, Foreign Law Guide: Current Sources of Codes and Basic Legislation in Jurisdictions of the World (2000), http://www.foreignlawguide.com.libproxy.usc.edu/ip/(last visited Mar. 10, 010) [hereinafter Foreign Law Guide] (database with limited access) (log in, choose "Guyana" from the dropdown menu). The pattern in Seychelles followed that of the other hybrid countries as well. Seychelles had a coded civil law, with property law and contract law being of civil form with minor British influence.
102. See id. (log in, choose "Seychelles" from the dropdown menu). Corporate law and procedure became more common law in nature.
103. See WORLD JURIST, supra note 70, at 473. Louisiana also retained civil private law and more common law influence in the public law.
104. See Vincent Valentine Palmer & Matthew Sheynes, Louisiana, in MLXED JURISDICTIONS WORLDWIDE: THE THIRD Legal FAMILY, supra note 41, at 257
105. The commercial law largely adopted the U. S. model.
106. See id. at 264.
107. See Klerman, et al., supra note 18 (manuscript at 5).
108. To be able to make general statements about these twenty-three hybrid countries as a group, this Note relies on numerous sources for its findings and research. In order to aid an easy comparative analysis, sources are not cited when making general statements about the entire group of hybrid countries.
109. See infra notes to table 2 for a complete list of sources and specific citations.
110. Palmer, supra note 69, at 5.
111. Id. Palmer's work compares in depth and great detail seven specific hybrid countries and notes some sweeping characteristics. Many of these generalizations hold true for the broader collection of twenty-three hybrid countries.
112. Id. at 5-6.
113. Lynn Berat, A New South Africa? Prospects for an Africanist Bill of Rights and a Transformed Judiciary, 13 LOY. L. A. INT'L & COMP. L. REV. 467, 484 n. 100 (1991)
114. (citing R. LEE., AN INTRODUCTION TO ROMAN-DUTCH LAW 2 (1953)).
115. See WORLD JURIST, supra note 70, at 270.
116. See also Foreign Law Guide, supra note 79 (log in, choose "Israel" from the dropdown menu).
117. See WORLD JURIST, supra note 70, at 270.
118. See also Foreign Law Guide, supra note 79 (log in, choose "Israel" from the dropdown menu).
119. Issa M. Dallal, Jordan, in LEGAL ASPECTS OF DOING BUSINESS IN THE MIDDLE EAST 163
120. (Dennis Campbell & Christian Campbell eds., 2008);
121. Foreign Law Guide, supra note 79 (log in, choose "Jordan" from the dropdown menu) ("Jordanian law has been substantially altered since independence. The Ottoman civil code was replaced by a modern codification in 1976. It is a version that follows the style and intent of the Syrian code, drafted in 1949 by Abd Al-Sanhuri, which in turn was based on the Egyptian civil code of 1948").
122. See also WORLD JURIST, supra note 70, at 270;
123. Egypt, Arab Republic of, http://www.law.emory.edu/ifl/legal/egypt.htm (last visited Mar. 20, 2010);
124. Foreign Law Guide, supra note 79 (log in, choose "Syria" from the dropdown menu).
125. See WORLD JURIST, supra note 70, at 248;
126. Gabriela Shalev, Contract Law, in INTRODUCTION TO THE LAW OF ISRAEL 111, 112 (Amos Shapira & Keren C. DeWitt-Arar eds., 1995).
127. See Stephen Goldstein, Israel: Creating a New Legal System from Different Sources by Jurists from Different Backgrounds, in STUDIES IN LEGAL SYSTEMS: MIXED AND MIXING, supra note 45, at 147, 149.
128. See id. at 147.
129. See Foreign Law Guide, supra note 79 (log in, choose "Thailand" from the dropdown menu).
130. This study also compared hybrid countries' use of juries and stare decisis (which legal origins literature has used as a proxy for judicial formalism and characteristics of the judiciary, which in turn has an effect on the security of property rights and contract enforcement).
131. See LLS 2008, supra note 2, at 293. This was not included in table 2 due to the limited scope of this Note, but the coded research is included in table A.1 in the appendix.
132. See generally WORLD JURIST, supra note 70 (providing legal history and the current law for various countries);
133. ZWEIGERT & KÖTZ, supra note 13 (providing an overview of various legal families and an in-depth analysis of contract law);
134. Foreign Law Guide, supra note 79 (providing legal history and sources of current law for various countries).
135. See LLS 2008, supra note 2, at 292.
136. See id. (indicating that company law and securities law are correlated with stock market development, firm valuation, ownership structure, and control premium).
137. For property, see generallyHERNANDO DE SOTO, THE MYSTERY OF CAPRTAL (2000) (discussing how enforcement of property rights and the strength of a formal property system has led to the success of capitalism in the West). For contract, Nobel Laureate Douglass North advances the strong claim that "the inability of societies to develop effective, low-cost enforcement of contracts is the most important source of both historical stagnation and contemporary underdevelopment in the Third World."DOUGLASS C. NORTH, INSTITUTIONS, INSTITUTIONAL CHANGE AND ECONOMIC PERFORMANCE 54 (1990).
138. But see Gillian K. Hadfield, The Many Legal Institutions That Support Contractual Commitments, in HANDBOOK OF NEW INSTITUTIONAL ECONOMICS 175 (Claude Ménard & Mary M. Shirley eds., 2005) (arguing that the enforcement of contracts is not the only reason for a lack of economic development, as multiple legal institutions are at work to make contract law effective).
139. See infra tbl.2, notes b-o.
140. Roman-Dutch law was in force in South Africa at the date of British occupation with little change after British influence.
141. See Lubabalo Booi, Botswana's Legal System and Legal Research, GLOBALEX, Oct. 2006, http://www.nyulawglobal.org/Globalex/Botswana.htm.
142. See id.
143. Paul Farlam & Richard Zimmermann, The Republic of South Africa (Report 1), in MIXED JURISDICTIONS WORLDWIDE: THE THIRD LEGAL FAMILY, supra note 41, at 83, 128.
144. C. G. van der Merwe, J. E. du Plessis & M. J. de Waal, The Republic of South Africa (Report 2), in MIXED JURISDICTIONS WORLDWIDE: THE THIRD LEGAL FAMILY, supra note 41, at 145, 187-88.
145. Id. at 178.
146. Farlam & Zimmermann, supra note 101, at 128-29.
147. See id. at 127;
148. Vernon Valentine Palmer, A Descriptive and Comparative Overview, in MIXED JURISDICTIONS WORLDWIDE: THE THIRD LEGAL FAMILY, supra note 41, at 17, 58.
149. See Martin Hogg & Gerhard Lubbe, Formation of Contract, in MIXED LEGAL SYSTEMS IN COMPARATIVE PERSPECTIVE: PROPERTY AND OBLIGATIONS IN SCOTLAND AND SOUTH AFRICA, supra note 42, at 34, 37 (stating that the issue of contract formation concerns not only whether an agreement has been reached, but also whether the agreement amounted to a contract at all). This study used a single-factor test to code overall form of contract law (causa versus consideration), but using a multifactor test to code may be a much more insightful method and would be a useful area of future study.
150. See, e.g., Foreign Law Guide, supra note 79 (log in, choose "Jordan" and "Malta", respectively, from the dropdown menu).
151. See also Joseph M. Ganado, Malta: A Microcosm of International Influcences, in STUDIES IN LEGAL SYSTEMS: MIXED AND MIXING, supra note 45, at 225, 232, 243;
152. Foreign Law Guide, supra note 79 (log in, choose "Seychelles" from the dropdown menu). Conducting a more systematic study of legal origins in commercial law versus corporate law in these hybrids would be a useful area of future study.
153. See, e.g., Arthur R. Pinto, The European Union's Shareholder Voting Rights Directive from an American Perspective: Some Comparisons and Observations, 32 FORDHAM INT'L L. J. 587, 588 (2009) ("In looking at company law issues both in the United States and the EU, it is not always clear what law is company law as opposed to securities law.");
154. Detlev F. Vagts, Securities Regulation-An Introduction, in 13 INTERNATIONAL ENCYCLOPEDIA OF COMPARATIVE LAW 3 (Alfred Conard & Detlev Vagts eds., 2006) ("Thus one can think of securities regulation as being next door to company law. In fact the division of the overall subject matter between the two fields is sometimes rather puzzling.").
155. See Pinto, supra note 108, at 599;
156. Vagts, supra note 108, at 3.
157. Foreign Law Guide, supra note 79 (log in, choose "Sri Lanka" from the dropdown menu).
158. Id. (log in, choose "Thailand" from the dropdown menu).
159. Vagts, supra note 108, at 3.
160. This is true for all countries except for Saint Lucia (where the corporate law was coded as common law, but securities laws information was difficult to locate) and for Thailand (where private companies are governed by the civil and commercial code, and public companies are governed by the Public Companies Act, and as it was difficult to determine one overall form because of this division, this study focused on public companies and securities regulation).
161. See also infra tbl.2, notes b-o. Further study in this area by authors with more expertise in corporate and securities laws will yield much more sophisticated analysis.
162. See, e.g., ANTOINE, supra note 79, at 376. Saint Lucia has no constitutional right to a jury, and a jury is only available for indictable offenses.
163. See Country Studies: Seychelles, http://www.country-studies.com/ seychelles/legal-system-and-civil-rights.html (last visited Mar. 20, 2010) (stating that in Seychelles juries are only called for murder or treason). This data was not included in table 2 but can be found in table A.1 in the appendix.
164. Penn World Data Version 6.2, supra note 79. This value was calculated using GDP per capita rates, the Laspeyres method using the following formula: [100 × In (GDP per capita 2003/GDP per capita 1970)]/33.
165. See Klerman et al., supra note 18 (manuscript at 2). Note that comparing hybrid GDP data to a world mean calculated for 1970-2003 may yield a more accurate comparison.
166. Id. (manuscript at 10, tbl.3).
167. of the eighteen hybrid countries for which data was available, fourteen performed or overperformed compared to the mean, and only three underperformed.
168. See CIA World Factbook, Namibia, supra tbl.2, note d (expand "Introduction" bar);
169. CIA World Factbook, Zimbabwe, supra tbl.2, note b (expand "Introduction" bar).
170. See Foreign Law Guide, supra note 79 (log in, choose "Israel" and "Jordan", respectively, from the dropdown menu).
171. Palmer, supra note 69, at 6.
172. Dorcas White, Some Problems of a Hybrid Legal System: A Case Study of St. Lucia, 30 INT'L. & COMP. L. Q., Oct. 1981, at 862, 881 (emphasis omitted).
173. Louisiana's experience also tends to support this finding. Though excluded from the main analysis for lack of GDP data, Louisiana also had a coded civil law before the United States' common law influence and has since retained its civil law-based civil procedure, though its criminal procedure has now adopted a U. S.common law form.
174. See Palmer & Sheynes, supra note 79, at 266-67.
175. That is, not according to this study's definition of having significant common and civil law elements.
176. See Foreign Law Guide, supra note 79 (log in, choose "Jamaica", "Singapore", and "Malaysia", respectively, from the dropdown menu).
177. See also JuriGlobe Mixed Legal Systems, supra note 40.
178. An example is Trinidad and Tobago.
179. See Foreign Law Guide, supra note 79 (log in, choose "Trinidad and Tobago", "Antigua and Barbuda", and "Jamaica", respectively, from the dropdown menu).
180. See id. (log in, choose "Tanzania" from the dropdown menu).
181. This analysis would hold true if considering securities and corporate law to be part of the public law.
182. See Palmer, supra note 69, at 9 (defining private law as the law of persons, family law, property, succession, obligations, and contracts). But even taking corporate and securities law out of the analysis, most of these countries experienced strong resilience of civil law in property and contract, and much more common law influence in procedure.
183. Id. at 59.
184. Id.
185. Id. at 57.
186. Telephone Interview with Daniel M. Klerman, Charles L. & Ramona I. Hilliard Professor of Law & History, Univ. of S. Cal. Gould Sch. of Law (Mar. 24, 2009).
187. Id.
188. Id.
189. Id. The option would be to engage in expropriation and then reassign property rights.
190. See Palmer, supra note 105, at 57-58 (discussing how consideration not being accepted prevents the overturn of the civil law principle of causa, but that other common law notions and principles are adopted in limited fashion (for example, mailbox rule and unjust enrichment)).
191. Colón & Associates, supra tbl.2 note i, at 398-99.
192. id. at 399.
193. See Du Plessis, supra tbl.2, note e, at 223-25.
194. Palmer, supra note 69, at 8-9.
195. Palmer, supra note 105, at 66-67 (discussing why commercial law has moved toward Anglo-American law).
196. Id.
197. E.g., Foreign Law Guide, supra note 79 (log in, choose "Vanuatu" from the dropdown menu).
198. See supra text accompanying notes 86-92.
199. De Soto and North, see supra note 97, are among some leading scholars who emphasize the importance of property and contract rights enforcement in general, but we do not know what aspects (common or civil or otherwise) affect economic development.
200. See infra note 146 and accompanying text.
201. See LLS 2008, supra note 2, at 302 (citing two studies that find private debt market development is a statistically significant and quantitatively important predictor of growth). However, LLS warns caution with their statement regarding this direct link between financial development and economic growth because "the exclusion restriction is unlikely to be satisfied and because the results are often sensitive to the inclusion of other variables, such as alternative measures of human capital."
202. Id.
203. Hadfield, supra note 97, at 200.
204. See Daniel Berkowitz, Katharina Pistor & Jean-Francois Richard, The Transplant Effect, 51 AM. J. COMP. L. 163, 170-72 (2003). Whether this is an effective strategy for legal reform and increasing economic growth rates is a matter in debate, but it is outside the scope of this paper.
205. See Troy A. Paredes, A Systems Approach to Corporate Governance Reform: Why Importing US Corporate Law Isn 't the Answer, 45 WM. & MARY L. REV. 1055, 1070-75 (2004).
206. ANTOINE, supra note 79, at 58-59.
207. LLS 2008, supra note 2, at 286.
208. Klerman et al., supra note 18 (manuscript at 4) (quoting LLS 2008, supra note 2, at 286).
209. See Palmer, supra note 105, at 66-67.
210. ZWEIGERT & KÖTZ, supra note 13, at 232.
211. William Tetley, Nationalism in a Mixed Jurisdiction and the Importance of Language (South Africa, Israel, and Quebec/Canada), 78 TUL. L. REV. 175, 216 (2003).
212. See also T. B. Smith, The Preservation of the Civilian Tradition in "Mixed Jurisdictions", in CIVIL Law IN THE MODERN WORLD 3, 16 (Athanassios N. Yiannopoulos ed., 1965) (compiling the papers presented at the first annual meeting of the Civil Law Section of the Louisiana State Law Institute, held in New Orleans, Louisiana from May 17 through 18, 1963, and noting that "mixed legal systems which use English as the language of the courts are particularly exposed to subversion through imposition or incautious acceptance of technical terms of Anglo-American common lawyers as equivalents to civilian concepts").