Path dependence in the law¶
Hathaway, O. A. (2001). Path dependence in the law: The course and pattern of legal change in a common law system. Iowa Law Review, 86(2), 601-665.
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Primes¶
- Path Dependence
- Legal systems: Common-law path dependence and precedent-driven jurisprudence (Hathaway, 2001), doctrine evolution from historical accidents (early cases establishing rules that persist long after their rationales have eroded), constitutional interpretations and their binding effect on future cases, property law rights bundled in historically contingent ways.
This sourceThree-stranded theory of path dependence in common law (increasing-returns, evolutionary, sequencing); shows how stare decisis creates an explicitly path-dependent jurisprudence.
- Legal systems: Common-law path dependence and precedent-driven jurisprudence (Hathaway, 2001), doctrine evolution from historical accidents (early cases establishing rules that persist long after their rationales have eroded), constitutional interpretations and their binding effect on future cases, property law rights bundled in historically contingent ways.
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