I don't think that part of your thesis is too controversial. The big idea of common law, for example, is that courts try to make their decisions reasonably consistent with previous decisions, not because they think that this will necessarily lead to the best decisions each time, but because this makes the law predictable. Predictable laws are an important part of a good business environment.
(Laws with low overhead are also important, mind you. This is why an AP1000 nuclear power plant made in China costs so much less than one built in the US or Europe, even though it's the same damn plant. The overhead of dealing with the government in a very heavyweight regulatory environment is a huge factor in cost and speed.)