The rule of law and its social reception as determinants of economic development : a comparative analysis of Germany and Poland

Głowacki, Krzysztof; Hartwell, Christopher Andrew; Karunska, Kateryna; Kurczewski, Jacek; Botsch, Elisabeth; Göhring, Tom; Priesmeyer-Tkocz, Weronika

doi:10.1515/ldr-2021-0043

Publication type:	Article in scientific journal
Type of review:	Peer review (publication)
Title:	The rule of law and its social reception as determinants of economic development : a comparative analysis of Germany and Poland
Authors:	Głowacki, Krzysztof Hartwell, Christopher Andrew Karunska, Kateryna Kurczewski, Jacek Botsch, Elisabeth Göhring, Tom Priesmeyer-Tkocz, Weronika
et. al:	No
DOI:	10.1515/ldr-2021-0043
Published in:	The Law and Development Review
Volume(Issue):	14
Issue:	2
Page(s):	359
Pages to:	400
Issue Date:	2021
Publisher / Ed. Institution:	De Gruyter
ISSN:	1943-3867 2194-6523
Language:	English
Subjects:	Germany; New institutional economics; Poland; Rule of law
Subject (DDC):	340: Law
Abstract:	The rule of law is not just a necessary condition for a modern liberal society but also an important prerequisite for a stable, effective and sustainable market economy. However, relevant legal norms may be more or less successful depending on their social reception within a particular country. This study explores the connection between the rule of law, especially in terms of how it is viewed socially, and the functioning of market economy in the examples of two geographically contiguous yet often-diverging countries, namely Germany and Poland. We utilise two approaches to examine this issue, first studying societal perceptions of the various dimensions of the rule of law by way of standardized surveys and in-depth interviews conducted in both countries to determine the de facto state of the rule of law in the economic context. Secondly, we measure the effect of the de jure and de facto rule of law on economic outcomes using a multivariate panel analysis. Combining new institutional economics and sociology of law, our analysis finds that Polish firms perceive the rule of law and its execution by the state in a restrictive perspective, contributing to insecurity. German interviewees, however, showcase the supportive and transaction cost-reducing properties of the rule of law, displaying higher trust in the state. These findings are supported by an econometric analysis of the drivers of rule of law in both Poland and Germany, which shows the importance of rule of law in terms of a level playing field contributing to higher levels of investment.
Further description:	Erworben im Rahmen der Schweizer Nationallizenzen (http://www.nationallizenzen.ch)
URI:	https://digitalcollection.zhaw.ch/handle/11475/23299
Fulltext version:	Published version
License (according to publishing contract):	Licence according to publishing contract
Departement:	School of Management and Law
Organisational Unit:	International Management Institute (IMI)
Appears in collections:	Publikationen School of Management and Law

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Głowacki, K., Hartwell, C. A., Karunska, K., Kurczewski, J., Botsch, E., Göhring, T., & Priesmeyer-Tkocz, W. (2021). The rule of law and its social reception as determinants of economic development : a comparative analysis of Germany and Poland. The Law and Development Review, 14(2), 359–400. https://doi.org/10.1515/ldr-2021-0043

Głowacki, K. et al. (2021) ‘The rule of law and its social reception as determinants of economic development : a comparative analysis of Germany and Poland’, The Law and Development Review, 14(2), pp. 359–400. Available at: https://doi.org/10.1515/ldr-2021-0043.

K. Głowacki et al., “The rule of law and its social reception as determinants of economic development : a comparative analysis of Germany and Poland,” The Law and Development Review, vol. 14, no. 2, pp. 359–400, 2021, doi: 10.1515/ldr-2021-0043.

GŁOWACKI, Krzysztof, Christopher Andrew HARTWELL, Kateryna KARUNSKA, Jacek KURCZEWSKI, Elisabeth BOTSCH, Tom GÖHRING und Weronika PRIESMEYER-TKOCZ, 2021. The rule of law and its social reception as determinants of economic development : a comparative analysis of Germany and Poland. The Law and Development Review. 2021. Bd. 14, Nr. 2, S. 359–400. DOI 10.1515/ldr-2021-0043

Głowacki, Krzysztof, Christopher Andrew Hartwell, Kateryna Karunska, Jacek Kurczewski, Elisabeth Botsch, Tom Göhring, and Weronika Priesmeyer-Tkocz. 2021. “The Rule of Law and Its Social Reception as Determinants of Economic Development : A Comparative Analysis of Germany and Poland.” The Law and Development Review 14 (2): 359–400. https://doi.org/10.1515/ldr-2021-0043.

Głowacki, Krzysztof, et al. “The Rule of Law and Its Social Reception as Determinants of Economic Development : A Comparative Analysis of Germany and Poland.” The Law and Development Review, vol. 14, no. 2, 2021, pp. 359–400, https://doi.org/10.1515/ldr-2021-0043.