The Genesis of Liability in Ancient Law
@article{Parisi2000TheGO, title={The Genesis of Liability in Ancient Law}, author={Francesco Parisi}, journal={American Law and Economics Review}, year={2000}, volume={3}, pages={82-124} }
This paper considers the emergence and evolution of punitive and compensatory remedies in ancient law. I describe how ancient practices of retaliation gradually evolved, through four general phases, into rules requiring victim's compensation. I suggest that the Biblical lex talionis (eye for an eye ... life for a life) and similar rules that emerged in other ancient legal systems triggered an important change in the ancient law of wrongs, marking the end of a system of retaliatory justice and…
38 Citations
Spontaneous Emergence of Law: Customary Law
- Law
- 1999
In the ‘social contract’ framework, customary rules can be regarded as an implied and often non-verbalized exercise of direct legislation by the members of society. Those legal systems that grant…
The Philosophy of Punishment: A Study to the History of Classical and Positive Schools of Penology
- Philosophy
- 2015
Philosophy of punishment is as old as man himself; when Adam and Eve violated God’s commandment, they had been descended to Earth, and when ancient peoples shed blood, God created humans. Therefore,…
UvA-DARE (Digital Academic Repository) On the optimal scope of negligence
- Law
- 2010
This article studies the optimal scope of negligence, considering which of the parties’ precautionary measures should be included in the determination of negligence and which instead should be…
Classics in Comparative Law: An Introduction
- Law
- 2014
Legal scholars often criticize comparative law for being an overreaching discipline, lacking a coherent methodology and a well-defined domain. Nevertheless, there remains something exciting and…
Essays on the Economic Analysis of Tort Law
- Economics, Law
- 2015
The analysis of tort law is one of the most influential and extensively developed applications of the economic approach in the study of law. Notwithstanding the exhaustive number of contributions on…
Stealing More Is Better? An Economic Analysis of Islamic Law of Theft
- Law
- 2015
This study is the first attempt (in the field of Law and Economics) to apply economic analysis to shari’a or Islamic criminal law, in particular, that aspect of the law pertaining to theft. Shari’a…
On the Existence and Efficiency of Equilibria Under Liability Rules
- Economics
- 2006
While the focus of mainstream economic analysis of liability rules remains on negligence liability, recently some legal scholars have argued for the sharing of liability. In this paper, our first…
Comparative Causation -- A Re-examination
- Business
- 2005
Negligence-based liability has been justified on the grounds of its efficiency properties. However, this approach towards liability assignment has been criticized in several recent writings. In a…
Depersonalization of Business in Ancient Rome
- History
- 2009
A crucial step in economic development is the depersonalization of business, which enables an enterprise to operate as a separate entity from its owners and managers. Until the emergence of a de iure…
Paying the Price for Being Caught: The Economics of Manifest and Non-Manifest Theft in Roman Law
- Law, History
- 2007
In Roman law, manifest theft (essentially, one in which a thief was caught in the act) was punished with a more severe penalty than non-manifest theft. This legal policy seems to contradict the…
References
SHOWING 1-10 OF 48 REFERENCES
Ancient Law, Its Connection with the Early History of Society and Its Relation to Modern Ideas
- History, Law
- 1861
justice, without at the same time losing the hope or the wish that law may be conformed to a higher ideal. The Greek intellect, with all its nobility and elasticity, was quite unable to confine…
An Introduction To The Principles Of Morals And Legislation
- Economics
- 1823
The new critical edition of the works and correspondence of Jeremy Bentham (1748-1832) is being prepared and published under the supervision of the Bentham Committee of University College London. In…
Bedouin Justice: Law and Customs among the Egyptian Bedouin
- Law, History
- 1925
Published in 1925, this is an absolute gem of a book. From the author's preface: In the following chapters I have tried, by quoting lawsuits of all kinds, and explaining the means employed to dispose…
A Theory of Primitive Society, with Special Reference to Law
- EconomicsThe Journal of Law and Economics
- 1980
THIS paper uses economic theory to explain some of the characteristic social, including legal, institutions of primitive and archaic societies. The literary remains of a number of early civilizations…
The Origin of Punishment
- PsychologyThe International Journal of Ethics
- 1914
T HE following discussion of the origin of punishment is undertaken with a view of obtaining some light on a difficult subject by means of the genetic method of approach. Our institutions are so…
The Economics of Justice
- Economics
- 1991
By Josef Solterer Georgetown University I Some 50 years ago, Father Thomas F. Divine, S.J. assembled at Marquette University and other meeting places a group of men and women for the purpose of…
Roman law in European history
- History, Law
- 1968
This is a short and succinct summary of the unique position of Roman law in European culture by a leading legal historian. Peter Stein’s masterly study assesses the impact of Roman law in the ancient…
Law and the Administration of Justice in the Old Testament and Ancient East
- Philosophy
- 1980
Well, someone can decide by themselves what they want to do and need to do but sometimes, that kind of person will need some law and the administration of justice in the old testament and ancient…
Private Creation and Enforcement of Law: A Historical Case
- HistoryThe Journal of Legal Studies
- 1979
Iceland is known to men as a land of volcanoes, geysers and glaciers. But it ought to be no less interesting to the student of history as the birthplace of a brilliant literature in poetry and prose,…
Legal Institutions - The Development of Dispute Settlement
- Law, History
- 1984
Institutions of dispute-settlement and law-finding. Dispute settlement in stateless societies. The introduction of regular courts. Models of procedure. The effects of the procedural models. Criminal…