This book addresses two countervailing challenges to theory and policy in law and economics. The first is the rise of legal origins theory, which denies the comparative law view of convergence between common law and civil law by the assertion of an economic superiority of common law. The second is the series of economic crises in the very financial markets on which that assertion was based. Both trends unsettled certainties about the rule of law and institutional economics. Meeting legal origins theory in its main areas of political science, sociology and economics, the book extends the interdisciplinary reach to neglected aspects of comparative law, legal history, dynamic econometric analysis and "quasi-natural experiments" with counterfactual evidence of different institutional regimes in divided countries. These combined methodological tools make tests of the economic impact of different legal origins much more reliable. This is shown for developed and newly industrialized countries as well as developing, transforming and emerging countries with or without financial center advantage, affected or not by financial crises. The Asian financial crises and the American subprime crisis have been, or could have been resolved using the resources of common law or civil law. These cases and data on access to justice in Africa, Asia and Latin America reveal the problem of substantive law remaining "law on the books" without efficient procedural rules and judicial structures. The single most striking common law-civil law divide is that lawyer-dominated common law procedure is slower and costlier than judge-managed civil law procedure. Countries as diverse as the Netherlands, Japan, and China show functional interaction between culture and law in legal reforms. Such interaction can reduce the occurrence of legal disputes as well as facilitate their resolution. It can use economic crises as catalysts for legal reforms or rely on regional integration, and it should replace the discredited method of legal "transplants" by sustained dialogue between legal advisors and all actors involved in legal reforms.

This powerful study suggests that strategic pragmatism has enabled Japan to use Western theories and doctrines more comprehensively and thoroughly than the West. The authors contend that Japan's success depends, in part, upon three factors: the ability to recognize a need for action; the ability to respond to such a need even under less than optimal technological conditions, cutting across theoretical and ideological lines; and the ability to adjust or correct action as soon as failure is recognized. By comparing Japan's policies and structure to patterns prevailing in major Western countries, Japan's `secret' can be translated into concepts familiar to the West. This brilliant and provocative book…is a tour de force that argues that Japanese-type economic policies can be duplicated in other capitalist states and that it is a mistake to believe that such policies can only evolve in the unique environment of Japanese culture and society. Foreign Affairs Japan's rise to economic power has been the focus of much attention and speculation in the West. This powerful study suggests that strategic pragmatism has enabled Japan to use Western theories and doctrines more comprehensively and thoroughly than the West. The authors contend that Japan's success depends, in part, upon three factors. The first is the ability to recognize a need for action. Next, the Japanese are able to respond to such a need even under less than optimal technological conditions and can cut across theoretical and ideological lines. Finally, they are ready to adjust or correct action as soon as failure is recognized. Western countries should look at the global significance of Japan's economic performance and learn from their model of action. By comparing Japan's policies and structure to patterns prevailing in major Western countries, Japan's 'secret' can be translated into concepts familiar to the West. Economists, government officials, and business policy makers will find this new approach to Japan's success a worthwhile study. Strategic Pragmatism opens with an explanation for Japan's economic performance. The book then presents the interesting way in which Japan makes functional cuts across doctrines. There is a chapter addressing adaptation and how Western economic concepts are incorporated into Japanese policy. Goal attainment includes such topics as neo-classical infant industry protection and mercantilist aspects in the policy of industrial development. Pattern maintenance is followed by integration, and then the relation of structure and action. Finally the authors develop a model demonstrating how Japan derives a sense of direction from the nature of the changing problems to be solved--the heart of strategic pragmatism.