Professional Documents
Culture Documents
Characteristics
Jurist vs. judge
National identity
Dichotomies
Public law vs. private law
Civil law vs. commercial law
Appraisal of civil law
What does “civil” mean?
Civil practice
Civil procedure
Civil law
Civilian court
Pope Gregory Receiving Canon Law (Stanza della Segnatura)
Compare common law /civil law
Measure formalism
Access: need for lawyers, formalities to bring
Ease: oral vs. written procedures
Legalism: need for justifications
Information: regulation of evidence
Superior review
Count # procedural steps
Measure quality of judicial system
Duration of proceeding
Fairness, consistency, honesty (survey small firms)
Identify types of courts (transplanted legal systems)
Lex Mundi Project
Findings (formalism):
1. Legal origins explains 40% of formalism
2. Formalism prevalent in civil law countries
3. Formalism greater in less developed vs. richer countries
Findings (quality – per capita income constant):
1. Formalism predicts duration of eviction, check collection
2. Formalism correlated to less access, higher judicial
inefficiency, higher corruption, less fairness
Lex Mundi Project