Journal Article

Legal origin, juridical form and industrialization in historical perspective: the case of the employment contract and the joint-stock company†

Simon Deakin

in Socio-Economic Review

Published on behalf of Society for the Advancement of Socio-Economics

Volume 7, issue 1, pages 35-65
Published in print January 2009 | ISSN: 1475-1461
Published online October 2008 | e-ISSN: 1475-147X | DOI: http://dx.doi.org/10.1093/ser/mwn019
Legal origin, juridical form and industrialization in historical perspective: the case of the employment contract and the joint-stock company†

More Like This

Show all results sharing these subjects:

  • Moral Philosophy
  • Corporate Social Responsibility
  • Welfare Economics
  • Political Economy
  • Economic Sociology

GO

Show Summary Details

Preview

The timing and nature of industrialization in Britain and continental Europe had significant consequences for the growth and development of labour market institutions, effects which are still felt today and which are visible in the conceptual structure of labour law and company law in different countries. However, contrary to the claims of the legal origin hypothesis, a liberal model of contract was more influential in the civilian systems of the continent than in the English common law, where the consequences of early industrialization included the lingering influence of master–servant legislation and the weak institutionalization of the juridical form of the contract of employment. Claims for a strong-form legal origin effect, which is time invariant and resistant to pressures for legal convergence, are not borne out by a growing body of historical evidence and time-series data. The idea that legal cultures can influence the long-run path of economic development is worthy of closer empirical investigation, but it is premature to use legal origin theory as a basis for policy initiatives.

Keywords: varieties of capitalism; financial markets; industrial relations; institutional complementarity; labour law; labour market institutions; corporate governance; J53 labor–management relations; industrial jurisprudence; J83 labor force composition; K31 labor law

Journal Article.  12682 words.  Illustrated.

Subjects: Moral Philosophy ; Corporate Social Responsibility ; Welfare Economics ; Political Economy ; Economic Sociology

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.