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Author : Geoffrey P. Miller Publisher : Edward Elgar Publishing Page : 0 pages File Size : 43,7 Mb Release : 2010 Category : Law and economics ISBN : 1848444338
Economics of Ancient Law by Geoffrey P. Miller Pdf
This major series, organised by theme, is an essential reference source in the area of Law and Economics, forming a comprehensive guide to the subject. Each volume is edited by a distinguished specialist in the field and provides an authoritative overview of the respective topic, comprising a careful selection of the most seminal and ground-breaking articles and prefaced by a new, over-arching introduction. The series outlines economic approaches to a broad range of legal sub-disciplines, from Corporate Law and Constitutional Law through to Family Law and Environmental Law, as well as examining issues such as the Methodology of Law and Economics, Behavioral Law and Economics and Law and Economic Development. It will be of immense interest to both scholars and practitioners interested in the economic implications of the law. --
Roman Law and Economics by Giuseppe Dari-Mattiacci,Dennis P. Kehoe Pdf
The economic analysis of Roman law has enormous potential to illuminate the origins of Roman legal institutions in response to changes in the economic activities that they regulated. These two volumes combine approaches from legal history and economic history with methods borrowed from economics to offer a new interdisciplinary approach.
Roman Law and Economics by Giuseppe Dari-Mattiacci,Dennis P. Kehoe Pdf
Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume I explores these legal institutions and organizations in detail, from the constitution of the Roman Republic to the management of business in the Empire, while Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.
Roman Law and Economics by Giuseppe Dari-Mattiacci,Dennis P. Kehoe Pdf
Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated. Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others, while Volume I explores Roman legal institutions and organizations in detail, from the constitution of the Republic to the management of business in the Empire. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.
Author : Dennis P. Kehoe,Thomas McGinn Publisher : University of Michigan Press Page : 233 pages File Size : 51,9 Mb Release : 2017-08-15 Category : History ISBN : 9780472130436
Law and Economic Performance in the Roman World by Anonim Pdf
Were legal systems in the Roman empire conducive to economic growth and development? Were legal rules and procedure changed in response to economic needs? This book offers detailed studies to provide some answers to these basic questions.
Author : Sir Henry James Sumner Maine Publisher : Legare Street Press Page : 0 pages File Size : 52,5 Mb Release : 2023-07-18 Category : Electronic ISBN : 1019380055
This groundbreaking study explores the development of ancient legal systems and their connection to the social and economic structures of early societies. With its insightful analysis and well-researched arguments, Ancient Law is a must-read for anyone interested in the history of law and social systems. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Richard A. Posner is probably the leading scholar in the rapidly growing field of the economics of law; he is also an extremely lucid writer. In this book, he applies economic theory to four areas of interest to students of social and legal institutions: the theory of justice, primitive and ancient social and legal institutions, the law and economics of privacy and reputation, and the law and economics of racial discrimination. The book is designed to display the power of economics to organize and illuminate diverse fields in the study of nonmarket behavior and institutions. A central theme is the importance of uncertainty to an understanding of social and legal institutions. Another major theme is that the logic of the law, in many ways but not all, appears to be an economic one: that judges, for example, in interpreting the common law, act as if they were trying to maximize economic welfare. Part I examines the deficiencies of utilitarianism as both a positive and a normative basis of understanding law, ethics, and social institutions, and suggests in its place the economist’s concept of “wealth maximization.” Part II, an examination of the social and legal institutions of archaic societies, notably that of ancient Greece and primitive societies, argues that economic analysis holds the key to understanding such diverse features of these societies as reciprocal gift-giving, blood guilt, marriage customs, liability rules, and the prestige accorded to generosity. Many topics relevant to modern social and philosophical debate, including the origin of the state and the retributive theory of punishment, are addressed. Parts III and IV deal with more contemporary social and jurisprudential questions. Part III is an economic analysis of privacy and the statutory and common law rules that protect privacy and related interests—rules that include the tort law of privacy, assault and battery, and defamation. Finally, Part IV examines, again from an economic standpoint, the controversial areas of racial and sexual discrimination, with special reference to affirmative action. Both Part III and Part IV develop as a sub-theme the issue of proper standards of constitutional adjudication by the Supreme Court.
This work analyzes the centrality of law in nineteenth-century historical and institutional economics and is a prehistory to the new institutional economics of the late twentieth century. In the 1830s the 'new science of law' aimed to explain the working rules of human society by using the methodologically individualist terms of economic discourse, stressing determinism and evolutionism. Practitioners stood readier than contemporary institutionalists to admit the possibilities of altruistic values, bounded rationality, and institutional inertia into their research program. Professor Pearson shows that the positive analysis of law tended to push normative discussions up from the level of specific laws to that of society's political organization. The analysis suggests that the professionalization of the social sciences - and the new science's own imprecision - condemned the program to oblivion around 1930. Nonetheless, institutional economics is currently developing greater resemblances to the now-forgotten new science.
Author : Dennis P. Kehoe Publisher : University of Michigan Press Page : 280 pages File Size : 45,5 Mb Release : 2010-03-25 Category : History ISBN : 9780472025350
Law and the Rural Economy in the Roman Empire by Dennis P. Kehoe Pdf
The economy of the Roman Empire was predominantly agrarian: Roman landowners, agricultural laborers, and small tenant farmers were highly dependent upon one another for assuring stability. By examining the property rights established by the Roman government, in particular the laws concerning land tenure and the contractual relationships between wealthy landowners and the tenant farmers to whom they leased their land, Dennis P. Kehoe is able to demonstrate how the state fostered economic development and who benefited the most. In this bold application of economic theory, Kehoe explores the relationship between Roman private law and the development of the Roman economy during a crucial period of the Roman Empire, from the second to the fourth century C.E. Kehoe is able to use the laws concerning land tenure, and the Roman government's enforcement of those laws, as a window through which to develop a more comprehensive view of the Roman economy. With its innovative application of the methodologies of law and economics and the New Institutional Economics Law and the Rural Economy in the Roman Empire is a groundbreaking addition to the study of the Roman economy. Dennis P. Kehoe is Professor of Classical Studies at Tulane University. He is the author of several books, including Investment, Profit, and Tenancy: The Jurists and the Roman Agrarian Economy(University of Michigan Press, 1997). "Kehoe brings his deep expertise in Roman land tenure systems and his broad knowledge of the methodologies of New Institutional Economics to bear on questions of fundamental importance regarding the relationship of Roman law and society. Was governmental policy on agriculture designed to benefit large landowners or small farmers? What impact did it have on the rural economy? The fascinating answers Kehoe provides in this pathbreaking work should occasion a major reassessment of such problems by social and legal historians." ---Thomas McGinn, Department of Classical Studies at Vanderbilt University, and author of The Economy of Prostitution in the Roman World: A Study of Social History and the Brothel and Prostitution, Sexuality, and the Law in Ancient Rome "A ground-breaking study using the principles of New Institutional Economics to analyze the impact of legal policy in balancing the interests of Roman tenant-farmers and landowners in the 2-4 centuries C.E. Kehoe's book will be essential reading for historians of the Roman Empire, demonstrating how the government overcame challenges and contradictions as it sought to regulate this enormous sector of the economy." ---Susan D. Martin, Department of Classics, University of Tennessee "In Law and the Rural Economy, Kehoe brings to life the workings of the ancient economy and the Roman legal system. By analyzing interactions between the imperial government, landlords, and tenant farmers in provinces across the Empire, Kehoe opens insights into imperial economic policy. He handles a variety of challenging sources with mastery and wit, and his knowledge of scholarship is extensive and thorough, covering ancient history, textual problems in the sources, legal history and, perhaps most impressively, the modern fields of economic theory and 'law and economics.' Kehoe's innovative and sophisticated methodology sets his work apart. The book will make an important contribution to our understanding of access to the law and the effectiveness of the legal system, important topics for scholars of law, ancient and modern." ---Cynthia J. Bannon, Department of Classical Studies, Indiana University
Generations of law and economics scholars have been fascinated by history, seeing in its institutions and laws a vast database for illustrating their theories. Equally, historians have seen economic analysis as a helpful tool with which to analyse legal institutions. As a result a vibrant field has emerged in which people trained in law, economics, history and political science have all made significant contributions. This research review identifies the most important works examining legal history from an economic perspective.
Public Law and Economics by Robert Cooter,Michael D. Gilbert (Law teacher) Pdf
"King John and the barons negotiated the Magna Carta in 1215. Three thousand years earlier, Hammurabi enacted his famous code. Law is an ancient discipline. By comparison, economics is young. Adam Smith laid its foundation in 1776 with his masterpiece, An Inquiry into the Nature and Causes of the Wealth of Nations. Since then, economists have studied and influenced policy on many topics. During most of that time, however, economists have not studied or influenced law, at least not in the sense that lawyers use the term"--
"The Ancient Economy holds pride of place among the handful of genuinely influential works of ancient history. This is Finley at the height of his remarkable powers and in his finest role as historical iconoclast and intellectual provocateur. It should be required reading for every student of pre-modern modes of production, exchange, and consumption."--Josiah Ober, author of Political Dissent in Democratic Athens