1 Legal Origins and the Evolution of Institutions : Evidence from American State Courts
نویسنده
چکیده
Civil-law systems prefer a weaker judiciary than common-law systems and the American State courts provide an opportunity to document the persistence of these preferences. During the colonial period, there were operating civil law systems in territory that would later become thirteen states in the American common law system. We present a model that predicts legislatures with a civil law past will give fewer discretionary resources to their judges when judicial elections are replaced by appointments. We confirm this prediction using panel data methods and argue civil-law preferences have persisted because the political culture within state legislatures is " slow-moving. " 2
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