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.

Type

Journal article

Intellectual base

Primary research

Year

2001

Link

no authoritative link yet

Cited from

economics_finance

Cited by

1 citation across 1 artifact.

Each citation links to the sentence it supports in the citing article.

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.

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