The Indigenous Legal Tradition as Foundational Law

Legal Consulting in the Civil Law Tradition Edited By

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Employment Policy and Bankruptcy Law - Does Legal Tradition

In this paper we analyze the relationship between strictness of employment protection and efficiency of bankruptcy law. We argue that country’s legal tradition provides the appropriate institutional proxy to explain the nature of such relationship. We find that for civil law countries where bankruptcy procedures are more inefficient a stricter employment protection policy is enforced. For commo...

Church Law and the Origins of the Western Legal Tradition : a Tribute to Kenneth Pennington

One of the most striking characteristics of contemporary canonical historical research is that it is being carried on almost entirely by historians, not by canonists. Discounting some civilians such as Senior Circuit Court Judge John Noonan (who is, by the way, self-trained in canon law), the number of lawyers, specifically canon lawyers, engaged in serious historical canonical research is quit...

Legal Realism as Theory of Law

Does Legal Tradition Affect Competition Policy Performance?

During the early 1990’s, in the early days of the worldwide competition policy boom, Spencer Waller and Joshua Newberg argued that difficulties inherent in grafting common law concepts---such as antitrust---onto non common law traditions would undermine the administration of competition law in non common law tradition countries. Recent independent survey data on the performance of competition p...