Roman Law and Economics Institutions and Organizations Volume I

by Dari-Mattiacci, Giuseppe; Kehoe, Dennis P.

• ISBN13: 9780198787204
• ISBN10: 0198787200
• Format: Hardcover
• Copyright: 2020-07-20
• Publisher: Oxford University Press

Summary

Ancient Rome is the only society in the history of the western world whose legal profession evolved autonomously, distinct and separate from institutions of political and religious power. Roman legal thought has left behind an enduring legacy and exerted enormous influence on the shaping of modern legal frameworks and systems, but its own genesis and context pose their own explanatory problems. The economic analysis of Roman law has enormous untapped potential in this regard: by exploring the intersecting perspectives of legal history, economic history, and the economic analysis of law, the two volumes of Roman Law and Economics are able to offer a uniquely interdisciplinary examination of the origins of Roman legal institutions, their functions, and their evolution over a period of more than 1000 years, in response to changes in the underlying economic activities that those institutions regulated.

Volume I explores these legal institutions and organizations in detail, from the constitution of the Roman Republic to the management of business in the Empire, while Volume II covers the concepts of exchange, ownership, and disputes, analysing the detailed workings of credit, property, and slavery, among others. Throughout each volume, contributions from specialists in legal and economic history, law, and legal theory are underpinned by rigorous analysis drawing on modern empirical and theoretical techniques and methodologies borrowed from economics. In demonstrating how these can be fruitfully applied to the study of ancient societies, with due deference to the historical context, Roman Law and Economics opens up a host of new avenues of research for scholars and students in each of these fields and in the social sciences more broadly, offering new ways in which different modes of enquiry can connect with and inform each other.

Author Biography

Giuseppe Dari-Mattiacci, Alfred W. Bressler Professor of Law, Columbia Law School, USA,Dennis P. Kehoe, Andrew W. Mellon Professor in the Humanities (Classical Studies), Tulane University, USA

Giuseppe Dari-Mattiacci is an Alfred W. Bressler Professor of Law at Columbia Law School. His research currently focuses on the theory and historical emergence of business organizations, the network structure of codes and constitutions, the economics of shareholder lawsuits, standard form and relational contracts, and carrots versus sticks.

Dennis P. Kehoe is the Andrew W. Mellon Professor in the Humanities (Classical Studies) at Tulane University. His research interests centre on Roman social and economic history and Roman law, with his current work focusing on the role of legal institutions in shaping the economy of the Roman Empire.

Table of Contents

Frontmatter
List of Figures
List of Tables
List of Contributors
1. Rome and the Economics of Ancient Law I, Geoffrey Parsons Miller
I. Institutions
2. What Can the Endogenous Institutions Literature Tell Us About Ancient Rome?, Robert K. Fleck, F. Andrew Hanssen, and Dennis P. Kehoe
3. The Constitution of the Roman Republic, Eric A. Posner
4. Law-Making and Economic Change during the Republic and Early Empire, Luuk de Ligt
II. Markets and Trade
5. Setting the Rules of the Game: The Market and its Working in the Roman Empire, Elio Lo Cascio
6. Statistics in Ancient History: Prices and Trade in the Pax Romana, Peter Temin
7. The Organization of India-to-Rome Trade: Loans and Agents in the Muziris Papyrus, Ron Harris
III. Organizing Business
8. Incomplete Organizations: Legal Entities and Asset Partitioning in Roman Commerce, Henry Hansmann, Reinier Kraakman, and Richard Squire
9. Roman Business Associations, Andreas Martin Fleckner
10. Agency Problems and Organizational Costs in Slave-Run Businesses, Barbara Abatino and Giuseppe Dari-Mattiacci
11. Mandate and the Management of Business in the Roman Empire, Dennis P. Kehoe
Endmatter
Index