Economics of Ancient Law

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"This major series, organised by theme, is an essential reference source in the area of Law and Economics, forming a comprehensive guide to the subject. Each volume is edited by a distinguished specialist in the field and provides an authoritative overview of the respective topic, comprising a careful selection of the most seminal and ground-breaking articles and prefaced by a new, over-arching introduction. The series outlines economic approaches to a broad range of legal sub-disciplines, from Corporate Law and Constitutional Law through to Family Law and Environmental Law, as well as examining issues such as the Methodology of Law and Economics, Behavioral Law and Economics and Law and Economic Development. It will be of immense interest to both scholars and practitioners interested in the economic implications of the law." For this wide-ranging collection, Professor Miller has drawn on the work of the best-known scholars in this field to explore the relationship between economics and law in ancient societies. Topics covered include the methodology of ancient economic law, the genesis, structure and limitations on liability in ancient law, the law and economics of the family, the economic structure of land law in ancient times, the management of criminal behavior, and the regulation of contracts and the commercial transactions. It also sheds new light on economic markets and institutions of ancient times, bankruptcy and risk, and the economics of constitutional and administrative law in ancient legal systems.

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Product Details

Table of Contents


Introduction Geoffrey P. Miller Miller, Geoffrey P.


1 'The Modern Uses of Ancient Law', South Carolina Law Review, 48 (2), Winter, 243-65 Richard A. Epstein Epstein, Richard A. 3

2 'Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law', Tulane Law Review, 61 (2), December, 235-87 Saul Levmore Levmore, Saul 26

3 'A Theory of Primitive Society, with Special Reference to Law', Journal of Law', Journal of Law and Economics, 23 (1), 1-53 Richard A. Posner Posner, Richard A. 79


4 'The Rise and Fall of Communal Liability in Ancient Law', International Review of Law and Economics, 24, 489-505 Giuseppe Dari-Mattiacci Dari-Mattiacci, Giuseppe 135

5 'The Genesis of Liability in Ancient Law', American Law and Economics Review, 3 (1), Spring, 82-124 Francesco Parisi Parisi, Francesco 152

6 'Rethinking Group Responsibility and Strategic Threats in Biblical Texts and Modern Law', Chicago-Kent Law Review, 71, 85-121 Saul Levmore Levmore, Saul 195


7 'Why Dowries?', American Economic Review, 93 (4), September, 1385-98 Aloysius Siow Siow, Aloysius 235

8 'The Rule of One-Third', Journal of Legal Studies, XXXI (1, Part 1), January, 119-37 Paul J. Zak Zak, Paul J. 249


9 'Land, Debt, and the Man of Property in Classical Athens', Political Science Quarterly, LXVIII (2), June, 249-68 M.I. Finley Finley, M. I. 271

10 'Ancient Land Law: Mesopotamia, Egypt, Israel', Chicago-Kent Law Review, 71, 321-411 Charles Di A. Thorland Thorland, Charles Di A. 291

11 'The Origins and Evolution of Property Rights Systems', in Enrico Colombatto (ed.), The Elgar Companion to the Economics of Property Rights, Chapter 3, Cheltenham and Northampton, MA: Edward Elgar Publishing, 64-84 Francesco Parisi Parisi, Francesco 382


12 'Why the Ancients May Not Have Needed a System of Criminal Law', Boston University Law Review, 76, 29-57 James Lindgren Lindgren, James 405

13 'Punishing the Innocent along with the Guilty: The Economics of Individual versus Group Punishment', Journal of Legal Studies, 36 (1), January, 81-106 Kathleen Segerson Segerson, Kathleen 434


14 'Money and Justiciability', Zeitschrift der Savigny-Stiftung fur Rechtsgeschichte, 96, 1-16 David Daube Daube, David 463

15 'Contracts of Genesis', Journal of Legal Studies, XXII (1), January, 15-45 Geoffrey P. Miller Miller, Geoffrey P. 479

16 'Ritual and Regulation: A Legal-Economic Interpretation of Selected Biblical Texts', Journal of Legal Studies, XXII (2), June, 477-501 Geoffrey P. Miller Miller, Geoffrey P. 510


17 'A Market Economy in the Early Roman Empire', Journal of Roman Studies, 91 (2), 169-81 Peter Temin Temin, Peter 537

18 'The Law and Economics of Hoarding', Loyola Consumer Law Review, 19 (2), 179-93 Keith Sharfman Sharfman, Keith 550

19 'Law and the Rise of the Firm', Harvard Law Review, 119 (5), March, 1333-403 Richard Squire Squire, Richard 565


20 'Risk Aversion in the Talmud', Economic Theory, 21, 233-9 Robert J. Aumann Aumann, Robert J. 639

21 'Game Theoretic Analysis of a Bankruptcy Problem from the Talmud', Journal of Economic Theory, 36 (2), August, 195-213 Michael Maschler Maschler, Michael 646


22 'The Origins of Democracy: A Model with Application to Ancient Greece', Journal of Law and Economics, XLIX (1), April, 115-46 F. Andrew Hanssen Hanssen, F. Andrew 667

23 'J as Constitutionalist: A Political Interpretation of Exodus 17:8-16 and Related Texts', Chicagokent Law Review, 70, 1829-47 Geoffrey P. Miller Miller, Geoffrey P. 699

24 'Biblical Tax Systems and the Case for Progressive Taxation', Journal of Law and Religion, XXIII, 51-96 Adam S. Chodorow Chodorow, Adam S. 718

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