Journal of Legal Studies
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.
University of Chicago Law School
Nuno Garoupa & Anthony Ogus,
A Strategic Interpretation of Legal Transplants,
J. Legal Stud.
Available at: https://scholarship.law.tamu.edu/facscholar/424