state-
owned banks
have little incentive to allocate their capital to the most productive
uses. Not surprisingly, the primary loan customer of these state-owned banks is
often the government, which does not always use the funds wisely.
Let the Lawyers Live!
FYI
Lawyers are often an easy target for would-
be comedians. Countless jokes centre on
ambulance-chasing and shifty filers of frivo-
lous lawsuits. Hostility to lawyers is not just
a recent phenomenon: in Shakespeare s
Henry VI
, written in the late sixteenth cen-
tury, Dick the Butcher recommends, The
first thing we do, let s kill all the lawyers. Is
Shakespeare s Dick the Butcher right?
Most legal work is actually not about
ambulance chasing, criminal law, and frivo-
lous lawsuits. Instead, it involves the writing
and enforcement of contracts, which is how
property rights are established. Property
rights are essential to protect investments. A
good system of laws, by itself, does not pro-
vide incentives to invest, because property
rights without enforcement are meaningless.
This is where lawyers come in. When some-
*See Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer, and Robert W. Vishny, Legal Determinants of
External Finance,
Journal of Finance
52 (3), pp. 1131 1150; and Rafael La Porta, Florencio Lopez-de-Silanes, Andrei
Shleifer, and Robert W. Vishny, Law and Finance,
Journal of Political Economy
106 (6), pp. 1113 1155.
one encroaches on your land or makes use
of your property without your permission, a
lawyer can stop him or her. Without lawyers,
you would be unwilling to invest. With zero
or limited investment, there would be little
economic growth.
Canada and the United States have more
lawyers per capita than many other countries
in the world. They are also among the rich-
est countries in the world with a financial
system that is superb at getting capital to new
productive uses such as the technology sec-
tor. Is this just a coincidence? Or could the
legal system actually be beneficial to its
economy? Recent research suggests the
American legal system, which is based on the
Anglo-Saxon legal system, is actually a big
advantage for the U.S. economy.*
We have seen that government regulation can increase the amount of informa-
tion in financial markets to make them work more efficiently. Many developing and
transition countries have an underdeveloped regulatory apparatus that retards the
provision of adequate information to the marketplace. For example, these countries
often have weak accounting standards, making it very hard to ascertain the quality
of a borrower s balance sheet. As a result, asymmetric information problems are
more severe, and the financial system is severely hampered in channelling funds to
the most productive uses.
The institutional environment of a poor legal system, weak accounting stan-
dards, inadequate government regulation, and government intervention through
directed credit programs and state ownership of banks all help explain why many
countries stay poor while others grow richer.
186
PA R T I I I
Financial Institutions
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