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Evolutionary Theories in Law and Economics and Their Use for Comparative Legal Theory

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  • von Wangenheim Georg

    (University of Kassel)

Abstract

Evolutionary Law and Economics explains how law evolves in possibly path dependent ways. The theory therefore seems apt to help comparative legal theory in understanding and evaluating legal variation across jurisdictions. This paper reviews evolutionary approaches in Law and Economics to study in a more precise way whether and how different strands of the approach may be useful for the comparative lawyer.

Suggested Citation

  • von Wangenheim Georg, 2011. "Evolutionary Theories in Law and Economics and Their Use for Comparative Legal Theory," Review of Law & Economics, De Gruyter, vol. 7(3), pages 737-765, December.
  • Handle: RePEc:bpj:rlecon:v:7:y:2011:i:3:n:5
    DOI: 10.2202/1555-5879.1571
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    1. Gary D. Libecap & Dean Lueck, 2009. "The Demarcation of Land and the Role of Coordinating Institutions," NBER Working Papers 14942, National Bureau of Economic Research, Inc.
    2. Emanuela Carbonara & Francesco Parisi, 2009. "Choice of law and legal evolution: rethinking the market for legal rules," Public Choice, Springer, vol. 139(3), pages 461-492, June.
    3. Giacomo A. M. Ponzetto & Patricio A. Fernandez, 2008. "Case Law versus Statute Law: An Evolutionary Comparison," The Journal of Legal Studies, University of Chicago Press, vol. 37(2), pages 379-430, June.
    4. Woeckener, B, 1993. "Innovation, Externalities, and the State: A Synergetic Approach," Journal of Evolutionary Economics, Springer, vol. 3(3), pages 225-248, August.
    5. Oates, Wallace E. & Schwab, Robert M., 1988. "Economic competition among jurisdictions: efficiency enhancing or distortion inducing?," Journal of Public Economics, Elsevier, vol. 35(3), pages 333-354, April.
    6. Clay, Karen, 1997. "Trade without Law: Private-Order Institutions in Mexican California," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 13(1), pages 202-231, April.
    7. Fon, Vincy & Parisi, Francesco, 2003. "Litigation and the Evolution of Legal Remedies: A Dynamic Model," Public Choice, Springer, vol. 116(3-4), pages 419-433, September.
    8. Georgakopoulos, Nicholas L., 1997. "Predictability and legal evolution," International Review of Law and Economics, Elsevier, vol. 17(4), pages 475-489, December.
    9. Miceli, Thomas J., 2010. "Legal change and the social value of lawsuits," International Review of Law and Economics, Elsevier, vol. 30(3), pages 203-208, September.
    10. Ernst Fehr & Urs Fischbacher, 2004. "Social norms and human cooperation," Macroeconomics 0409026, University Library of Munich, Germany.
    11. Banner, Stuart, 2002. "Transitions between Property Regimes," The Journal of Legal Studies, University of Chicago Press, vol. 31(2), pages 359-371, June.
    12. Viktor Vanberg & Wolfgang Kerber, 1994. "Institutional competition among jurisdictions: An evolutionary approach," Constitutional Political Economy, Springer, vol. 5(2), pages 193-219, March.
    13. Von Wangenheim, Georg, 1993. "The evolution of judge-made law," International Review of Law and Economics, Elsevier, vol. 13(4), pages 381-411, December.
    14. Axel Ockenfels & Gary E. Bolton, 2000. "ERC: A Theory of Equity, Reciprocity, and Competition," American Economic Review, American Economic Association, vol. 90(1), pages 166-193, March.
    15. Frey, Bruno S. & Eichenberger, Reiner, 1996. "FOCJ: Competitive governments for Europe," International Review of Law and Economics, Elsevier, vol. 16(3), pages 315-327, September.
    16. B. Zorina Khan, 2004. "Technological Innovations and Endogenous Changes in U.S. Legal Institutions, 1790-1920," NBER Working Papers 10346, National Bureau of Economic Research, Inc.
    17. Gary D. Libecap & Dean Lueck, 2009. "The Demarcation of Land and the Role of Coordinating Institutions," ICER Working Papers 14-2009, ICER - International Centre for Economic Research.
    18. Elster, Jon, 1989. "Social Norms and Economic Theory," Journal of Economic Perspectives, American Economic Association, vol. 3(4), pages 99-117, Fall.
    19. Albert Breton & Galeotti Gianluigi & Pierre Salmon & Ronald Wintrobe, 1991. "The Competitive State," Post-Print hal-00445590, HAL.
    20. Gary S. Becker, 1983. "A Theory of Competition Among Pressure Groups for Political Influence," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 98(3), pages 371-400.
    21. Ott, Claus & Schafer, Hans-Bernd, 1997. "Negligence as untaken precaution, limited information, and efficient standard formation in the civil liability system," International Review of Law and Economics, Elsevier, vol. 17(1), pages 15-29, March.
    22. Clay, Karen & Wright, Gavin, 2005. "Order without law? Property rights during the California gold rush," Explorations in Economic History, Elsevier, vol. 42(2), pages 155-183, April.
    23. Roberta Romano, 2005. "Is Regulatory Competition a Problem or Irrelevant for Corporate Governance?," Oxford Review of Economic Policy, Oxford University Press and Oxford Review of Economic Policy Limited, vol. 21(2), pages 212-231, Summer.
    24. Carbonara, Emanuela & Pasotti, Piero, 2010. "Social dynamics and minority protection," International Review of Law and Economics, Elsevier, vol. 30(4), pages 317-328, December.
    25. Elinor Ostrom, 2000. "Collective Action and the Evolution of Social Norms," Journal of Economic Perspectives, American Economic Association, vol. 14(3), pages 137-158, Summer.
    26. Rubin, Paul H & Curran, Christopher & Curran, John F, 2001. "Litigation versus Legislation: Forum Shopping by Rent Seekers," Public Choice, Springer, vol. 107(3-4), pages 295-310, June.
    27. Cooter, Robert D., 1994. "Structural adjudication and the new law merchant: A model of decentralized law," International Review of Law and Economics, Elsevier, vol. 14(2), pages 215-231, June.
    28. Timur Kuran, 1989. "Sparks and prairie fires: A theory of unanticipated political revolution," Public Choice, Springer, vol. 61(1), pages 41-74, April.
    29. Anderson, Terry L & Hill, Peter J, 1975. "The Evolution of Property Rights: A Study of the American West," Journal of Law and Economics, University of Chicago Press, vol. 18(1), pages 163-179, April.
    30. Mattei, Ugo, 1994. "Efficiency in legal transplants: An essay in Comparative Law and Economics," International Review of Law and Economics, Elsevier, vol. 14(1), pages 3-19, March.
    31. Kerber, Wolfgang & Eckardt, Martina, 2005. "Policy learning in Europe: The 'open method of coordination' and laboratory federalism," Thuenen-Series of Applied Economic Theory 48, University of Rostock, Institute of Economics.
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    Cited by:

    1. Du Laing Bart, 2011. "Bio-Legal History, Dual Inheritance Theory and Naturalistic Comparative Law: On Content and Context Biases in Legal Evolution," Review of Law & Economics, De Gruyter, vol. 7(3), pages 685-709, December.
    2. Du Laing Bart & De Coninck Julie, 2011. "Introduction: Symposium on Evolutionary Approaches to (Comparative) Law: Integrating Theoretical Perspectives," Review of Law & Economics, De Gruyter, vol. 7(3), pages 653-658, December.

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