This work first describes how exchange is organized in an institutional environment with laws, courts and markets focusing on the dual effect of this environment. Institutions enjoy specialization advantages in safeguarding exchange but they also make possible new forms of opportunism, causing...

Assuming that the degree of discretion granted to judges was the main distinguishing feature between common and civil law until the 19th century, we argue that constraining judicial discretion was instrumental in protecting freedom of contract and developing the market order in civil law. We...