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Evolutionary approaches to legal change

Martina Eckardt

No 47, Thuenen-Series of Applied Economic Theory from University of Rostock, Institute of Economics

Abstract: Institutions matter both for long-term economic evolution as well as for more short-termed economic performance. The law is particularly important in shaping the institutional framework for economic activities. This paper gives an overview of typical evolutionary explanations of legal change, i.e. the generation and dissemination of legal innovations over time. The main actors, the key determinants, and the central mechanisms are identified. In addition to approaches which deal primarily with statutory respectively judge-made legal change, the concept of legal paradigms and path dependence, the co-evolution of law and technology and the impact of institutional competition on legal change are discussed.

Keywords: Evolutionary Economics; Law and Economics; Judge-made Legal Change; Legislation; Technological Change; Path Dependence (search for similar items in EconPapers)
JEL-codes: B52 B53 K40 P16 (search for similar items in EconPapers)
Date: 2004
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Persistent link: https://EconPapers.repec.org/RePEc:zbw:roswps:47

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