Discussion Paper Details

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Title: A Strategic Interpretation of Legal Transplants

Author(s): Nuno Garoupa and Anthony Ogus

Publication Date: November 2003

Keyword(s): game theory, harmonization, K00 and legal transplant

Programme Area(s): Public Economics

Abstract: In this Paper we provide a strategic explanation for the spontaneous convergence of legal rules, which nevertheless falls short of harmonization across jurisdictions. We identify a free-riding problem and discuss its implications for legal culture, integration, and harmonization. It is argued that harmonization of legal rules by a central authority in order to generate a uniform legal culture could be the response to a coordination failure. It could also be a serious policy mistake, however, leaving everybody worse off. The result depends crucially on the relative benefits and costs of importing and integrating different legal orders.

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Bibliographic Reference

Garoupa, N and Ogus, A. 2003. 'A Strategic Interpretation of Legal Transplants'. London, Centre for Economic Policy Research.