Repository logo
 

Path dependence and legal development

Accepted version
Peer-reviewed

No Thumbnail Available

Type

Article

Change log

Authors

Bell, JS 

Abstract

"Path dependence" is an important explanation in comparative law, but italso recognises that the law does develop by breaking out of the mould cast by the past. Path dependence affects not only the legal concepts which the law uses to solve problems, but whether the law will intervene in a problem area or not. Path dependence assumes that there is no ideal solution, but an equilibrium can be found within a particular society between the role of law and that of other social institutions. The scope for change depends significantly on the extent to which a particular legal approach is “embedded” within the legal system – how many parts of the law depend on it. Real embeddedness involves the way in which a particular rule or practice connects to other parts of the law, especially when it is underpinned by structural or organisational aspects of the system.

Description

Keywords

Journal Title

Tulane Law Review

Conference Name

Journal ISSN

0041-3992

Volume Title

87

Publisher

Tulane Law Review Association

Publisher DOI

Publisher URL

Rights

All rights reserved