Hernando de Soto is, and probably always will be best known for his earlier book, "The Other Path". He is a Peruvian economist, and the title in that book was a nod (or perhaps riposte) to the Shining Path guerilla movement in Peru that advocated a Maoist ideology. de Soto is pro-markets, but he believes that they do not work well for the poor in Third World countries like Peru, primarily because of the difficulty (for a person too poor to pay bribes or hire legal representation) of entering the "formal", i.e. legally recognized, private sector. The primary policy recommendation in "The Other Path", was to make it easier for the poor to start businesses legally. His research demonstrated a horrifying amount of "red tape" standing between the poor and legal recognition for even the smallest of businesses. This doesn't mean they didn't start them anyway, of course, but it did mean that they had no legal recognition, and were therefore always one government intervention away from having their business shut down.
In this book, de Soto examines the perpetual failure of capitalist systems in Third World and former communist nations, and asks why they work so much better in the advanced economies of the West. His assertion, is that the West was unable to tell these nations how to set up a good capitalist system, even if they genuinely wanted to, because they know so little of the history of how they started their own. In particular, he asserts that at one time economies such as the United States had much larger "informal" economies as well, with most of the population (and its resources) locked out of the formal sector (and thus from the formal sector's banking system). This is important because, for example, many new businesses in the United States are started with the money from a friend or family member mortgaging their home, but if you are squatting in a house which you have no legal title to, this option is closed off from you.
Many Americans are taught in school that Abraham Lincoln signed into law the Homesteading Act, which gave legal title to settlers in the West provided that they built homes on the land they were laying claim to (up to a certain size). What de Soto claims is not so often even known in the U.S. now, is that most of the homes which settlers gained title to using the Homestead Act, were ones they had already built and were living in, often for years. The Homestead Act was, in de Soto's telling of it, important not so much because it encouraged settling of the American West (that was happening already), but because it gave federal legal recognition to the property rights of the many, many settlers who had already take up residence there.
There are a host of other historical examples that he gives, for example of how miner's claims in California were recognized in the 19th century. The recurring theme is that whereas the law "requires" that you first gain legal title to the property, then move in, and then make improvements to that property, the actual process was roughly the opposite. Settlers built homes in uninhabited territory (regardless of who theoretically owned it), then moved in and lived there for years before they gained legal recognition of their right to be there. In many cases, there was an intermediate step of quasi-legality, in which local cooperatives or local government recognized their claim, in many cases even issuing formal documentation of it, and then years later the federal government recognized it as a fait accompli.
The problem in industrializing or de-communizing countries, asserts de Soto, is that they are taking advice from entities like the World Bank or the IMF, who advocate for property rights and the "rule of law", for obvious reasons. This causes them to deny this path for the masses of the population, so that (unlike in the West) you never get a large middle class of propertied bourgeoisie. Add to this the byzantine complexity of government bureaucatic procedures, and you have a system which (intentionally or not) locks out 90% of the population from property ownership. This, according to de Soto, the answer to the question of "why doesn't capitalism work outside the advanced economies?", is "because you didn't allow 90% of the population to participate in it".
Now, I am not knowledgeable enough in the ways of 18th and 19th century property law to evaluate de Soto's claims. As the spouse of a 21st century business owner, however, I can say that it is often the case that small businesses get started without full knowledge of what is required by law, and they gain this knowledge over time. For example, all businesses in the state I live in are supposed to pay an inventory tax, of a percentage of all property which the business owns at the end of the year (one reason for after-Christmas sales, by the way). In practice, most new, small businesses know nothing of this, and start paying the tax when a government representative shows up and informs them of it.
If we had a more punitive system, which shut down such businesses for tax evasion (instead of just showing up at their store and saying, "you know, you have to pay this inventory tax thingy"), and if you multiply that example by a few dozen more legal requirements and restrictions, you could probably push all small businesses out of the "formal" (i.e. legal) system, such that some would go out of existence, and others would operate in the black market. So, while I have no experience as a would-be entrepeneur in the Third or former communist world, I could easily believe it to be true. Whether or not the situation has gotten any better in the 20 or so years since he wrote this book is another open question (for me, anyway).
But more generally, I think it is an underappreciated question, not "how much should government require", but "how complex should it be to figure out what the government requires". Laws are not like computer programs, that get executed objectively and without (human) effort. They are more like customs or habits, which live only in the minds of humans, and thus necessarily take up space there (and time) that cannot be expended on anything else. It is difficult enough to launch a new enterprise, and the thicket of government regulations which must be understood, is much like learning a new language or a new culture. The wealthy, and to a lesser extent the professional class, are native speakers of this bureaucratic language. Those from the working class are put at a substantial disadvantage when they are forced to deal with it, in a way that someone who got a degree from a large university (which, for all its many other flaws, is good at teaching you how to navigate bureaucracy) does not. It would be better if more attention were paid to this obstacle, and ways to, if not eliminate it, then at least render it less of a handicap for precisely those people who the government should be trying to help.