Chapter 3: Legal Origin Theory and the transplant effect
An Institutional Critique
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Chapter 3 considers legal reform in developing countries through an examination of Legal Origin Theory which argues that economies based on the Common Law have higher growth levels than those based on Civil Law. This theory is outlined and evaluated. A powerful critique of Legal Origin Theory (as a foundation of policy) is provided by the transplant effect. This considers the factors which influence the effectiveness of transplanting laws or parts of legal systems from one jurisdiction to another. Whether a transplant is successful or not is related to the motives behind the transplant. Is the recipient jurisdiction receptive to the transplant? Is there a demand for the transplant? When neither of these is the case, transplants will increase transaction costs and lower legal effectiveness. This chapter examines the evidence to support this approach and discusses its implications for legal reform as a route to development.

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