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The Rise and Fall of Communal Liability in Ancient Law

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  • Francesco Parisi
  • G. Dari Mattiacci

Abstract

In ancient societies, rules of communal responsibility permitted the imposition of retaliatory sanctions on a wrongdoer's clan. These rules followed the collective ownership structure of early communities. Over time, notions of personal responsibility emerged, terminating the transfer of responsibility from one member to the whole clan. This paper intends to provide an economic explanation for this transition

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File URL: http://dspace.library.uu.nl/bitstream/handle/1874/7277/03-12.pdf
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Bibliographic Info

Paper provided by Utrecht School of Economics in its series Working Papers with number 03-12.

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Date of creation: 01 Sep 2003
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Handle: RePEc:use:tkiwps:0312

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Keywords: communal liability; tort; ancient law; primitive society; group liability;

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  1. Posner, Richard A, 1980. "A Theory of Primitive Society, with Special Reference to Law," Journal of Law and Economics, University of Chicago Press, vol. 23(1), pages 1-53, April.
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Cited by:
  1. Thomas J. Miceli, 2013. "Collective Responsibility," Working papers 2013-23, University of Connecticut, Department of Economics.
  2. Francesco Parisi & Jonathan Klick & Nuno Garoupa, 2006. "A Law and Economics Perspective on Terrorism," Working Papers 2006-09, FEDEA.
  3. Giuseppe Dari-Mattiacci & Gerrit De Geest, 2005. "The Filtering Effect of Sharing Rules," The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 207-237, 01.

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