Papers that need to be written: the property rights frameworks of origin myths

Quick thought: A culture’s origin mythology is usually the basis for much of its legal architecture. As LLSV (1997) note, there are some legal architectures that are vastly superior to others (and they discuss a lot of comparative data on civil vs. common law regimes). Common law regimes are generally superior to civil law regimes in terms of economic and human welfare outcomes. Part of the argument is that common law regimes tend to be principle-based, with legislatures making laws and courts deciding dynamically how the legal principles, the law, and the specific case interact; this allows common law regimes to efficiently catalyze economic development through the efficient evolution of things like tort law. Common law regimes also tend to conceptualize property rights in far more generous terms than civil law regimes. Civil law regimes delegate a lot more importance and foundation to legislative law; you can think of the legislative law as creating lines on a court and judges as referees who are limited to far more technical calls. Civil law regimes tend to be inflexible and less efficient, though there are many unanswered questions. You can think of America or Britain as modern bastions of common law, and French law as a good example of a regime based on civil laws.

So here’s the challenge. Origin myths are foundational “oral constitutions” that provide direction for the legal architecture of a culture. We can analyze some basic ways in which they differ through their conceptualization of property rights, and then look at outcomes. There should be some very interesting comparative work to be done in all directions there, I’m sure, and there is a lot of data in human history, so there should be a lot of interesting natural experiments that can be surveyed.

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