According to popular wisdom, judicial independence and the rule of law are essential
features of modern democracy. Drawing on the growing comparative literature on courts, we …

In the last decade, economists have produced a considerable body of research suggesting
that the historical origin of a country's laws is highly correlated with a broad range of its legal …

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new
book a unique and, to orthodox legal thinkers, a startling perspective on how judges and …

New democracies around the world have adopted constitutional courts to oversee the
operation of democratic politics. Where does judicial power come from, how does it develop …

The American and European societies are much richer today than they were 100 years ago,
yet they are also vastly more regulated. Today, we live in houses and apartment buildings …

Making, amending, and interpreting constitutions is a political game that can yield
widespread suffering or secure a nation's liberty and prosperity. Given these high stakes …

Who should enforce laws or contracts: judges or regulators? Many Coasians, though not
Coase himself, advocate judicial enforcement. We show that the incentives facing judges …

Argentina's constitution and electoral rules promote a fragmented polity. It is in those
environments that independent judiciaries develop. Instead, most analysts do not consider …

Public policies are the outcomes of complex intertemporal exchanges among politicians.
The political institutions of a country constitute the framework within which these transactions …

Why are independent courts rarely found in emerging democracies? This book moves
beyond familiar obstacles, such as an inhospitable legal legacy and formal institutions that …