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Legal history: Legal history is the study of how law has evolved and why it has changed. It is closely connected to the development of civilizations and operates in the wider context of social history. See also Law, Laws, History, Historiography, Civilization, Society.
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Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments.

 
Author Concept Summary/Quotes Sources

George L. Priest on Legal History - Dictionary of Arguments

Parisi I 165
Legal history/Priest/Wangenheim: Priest (1977)(1) formalizes the argument as a simple Markov process of the proportion of rules that are efficient, where every rule can either be efficient or inefficient. The transition probabilities between these two possible states are fixed and given by the probabilities that a rule is both litigated in court and replaced by its alternative. In this process, the expected proportion of efficient rules converges to a steady state value which is larger than one-half if courts do not systematically decide against efficiency and inefficient rules are litigated with a higher probability than efficient rules. The steady-state expected proportion of efficient rules is larger than the probability by which a court decides for the efficient rule as long as inefficient rules are more likely to be litigated than efficient rules. It converges to one, if either efficient rules are never litigated or the judiciary only announces efficient rules (e.g. Ott and Schäfer, 1997)(2).
Further development: This formalization of the argument enabled other scholars to make the underlying restrictive assumptions most explicit but also to extend the applicability of the model by loosening assumptions in more sophisticated models. >Legal history/Microeconomics
, >Legal history/Economic theories, >Norms/Economic theories.


1. Priest, G. L. (1977). "The Common Law Process and the Selection of Efficient Rules." Journal of Legal Studies 6:65-82.
2. Ott, C. and H.-B. Schäfer (1997). "Negligence as Untaken Precaution, Limited Information, and Efficient Standard Formation in the Civil Liability System." International Review of Law and Economics 17: 15—29.

Wangenheim, Georg von. „Evolutionary Law and Economics.” In: Parisi, Francesco (ed) (2017). The Oxford Handbook of Law and Economics. Vol 1: Methodology and Concepts. NY: Oxford University Press

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Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments
The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition.

Pries I
G. Priest
Beyond the Limits of Thought Oxford 2001

Parisi I
Francesco Parisi (Ed)
The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017


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