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 analyze 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 important volume brings together the most essential works examining legal history from an economic perspective. An original introduction by the editor provides a useful roadmap to the field.
Contents: Introduction Daniel Klerman PART I LAW AS DEPENDENT VARIABLE: EFFICIENCY AND BEYOND 1. Harold Demsetz (1967), 'Toward a Theory of Property Rights' 2. Zeynep K. Hansen and Gary D. Libecap (2004), 'The Allocation of Property Rights to Land: US Land Policy and Farm Failure in the Northern Great Plains' 3. Paul G. Mahoney (2001), 'The Political Economy of the Securities Act of 1933' 4. Daniel Klerman (2007), 'Jurisdictional Competition and the Evolution of the Common Law' PART II LAW AS INDEPENDENT VARIABLE: WOMEN'S AND MINORITY RIGHTS 5. James J. Heckman and Brook S. Payner (1989), 'Determining the Impact of Federal Antidiscrimination Policy on the Economic Status of Blacks: A Study of South Carolina' 6. John R. Lott, Jr. and Lawrence W. Kenny (1999), 'Did Women's Suffrage Change the Size and Scope of Government?' 7. Grant Miller (2008), 'Women's Suffrage, Political Responsiveness, and Child Survival in American History' PART III LAW AS INDEPENDENT VARIABLE: THE GLORIOUS REVOLUTION 8. Douglass C. North and Barry R. Weingast (1989), 'Constitutions and Commitment: The Evolution of Institutions Governing Public Choice in Seventeenth-Century England' 9. Nathan Sussman and Yishay Yafeh (2006), 'Institutional Reforms, Financial Development and Sovereign Debt: Britain 1690 - 1790' 10. Daniel M. Klerman and Paul G. Mahoney (2005), 'The Value of Judicial Independence: Evidence from Eighteenth Century England' 11. Dan Bogart (2011), 'Did the Glorious Revolution Contribute to the Transport Revolution? Evidence from Investment in Roads and Rivers' PART IV BIDIRECTIONAL HISTORIES: THE RECIPROCAL INTERACTIONS OF LAW AND SOCIETY 12. Avner Greif and David D. Laitin (2004), 'A Theory of Endogenous Institutional Change' 13. Avner Greif (2006), 'History Lessons: The Birth of Impersonal Exchange: The Community Responsibility System and Impartial Justice' 14. Claire Priest (2006), 'Creating an American Property Law: Alienability and its Limits in American History' PART V PRIVATE ORDERING 15. Robert. C. Ellickson (1989), 'A Hypothesis of Wealth-Maximizing Norms: Evidence from the Whaling Industry' 16. Karen Clay and Gavin Wright (2005), 'Order Without Law? Property Rights During the California Gold Rush' 17. Avner Greif (1989), 'Reputations and Coalitions in Medieval Trade: Evidence on the Maghribi Traders' PART VI LITIGATION AND CONTRACTING 18. Claire Priest (2001), 'Currency Policies and Legal Development in Colonial New England' 19. Daniel Klerman (2012), 'The Selection of 13th-Century Disputes for Litigation' 20. J. Mark Ramseyer (1995), 'The Market for Children: Evidence from Early Modern Japan' PART VII CRITIQUE OF THE ECONOMIC APPROACH TO LEGAL HISTORY 21. Robert W. Gordon (1984), 'Critical Legal Histories' Index
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