Do countries adopt legal rules due to independent, top-down processes, or do laws spread among nations in a manner that resembles the diffusion of new products and innovations in a social network? We empirically examine this question by employing an influential mathematical model based on sociological diffusion theory and frequendy used for analyzing the diffusion of innovations (the Bass model). Our findings indicate that more often than not, the temporal diffusion of legal rules displays a good fit to the Bass model and suggest that this model can provide new insights in studying the diffusion of laws. Particularly, applying the Bass model to legal diffusion allows quantifying the influence that countries and states exert on each other in the adoption of specific rules, provides a metric for comparing diffusion processes across different legal branches, allows tentative prediction of the ongoing spread of specific rules, and sheds light on several debates in the areas of comparative, corporate, and international law.
|Original language||American English|
|Number of pages||38|
|Journal||Cornell International Law Journal|
|State||Published - 1 Jun 2020|
Bibliographical noteFunding Information:
t Hebrew Umversity of Jerusalem Law Faculty; e-mail address: michalshur@ huji.ac.il. tt School of Mathematical Sciences; Tel Aviv University. ttt Hebrew University of Jerusalem Law Faculty. For valuable comments, suggestions and discussions we thank David Abrams, Ronen Avraham, Han Benshalom, Binyamin Blum, Adam Chilton, Martin Everett, Ehud Guttel, Adam Hofri-Winogradow, Tamar Hostovsky-Brandes, Shai Lavie, Ofer Malcai, Eitan Muller, Benny Porat, Yuval Shany, Holger Spamann, Radboud Winkles, as well as the participants of the First SELS Global Workshop for Junior Empirical-Legal Scholars, the "Social Network Analysis: law, Institutions and Transnational Governance" Conference at Bar-Ilan University, and the "Brown Bag" Seminar at the Hebrew University of Jerusalem. This research was su~poned by the Barak Center for Interdisciplinary Legal Research at the Hebrew Umversity of Jerusalem. Gadi Fibich acknowledges the support of the Kinetic Research Network (Kl-Net) under NSF Grant No. RNMS \ #1107444. s2 c oRNELL Im'L L.J. 313 c2019)
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