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660 Theoretical Inquiries in La Vol.4659 economics, and the importation of the concept of path dependency and of greater awareness of past burdens from other quarters of economic theory. Finally, the article examines the concrete ways in which these developments are being realized, by pointing out the various uses of history evident in specific law and economics studies conducted in recent years. It suggests a classification of this growing literature into six distinct uses of history, four of them emerging only in recent years The general aim of this article is to enhance awareness among la and economics scholars of the actual and potential uses of history. The article further seeks to connect lanw-and-economics historical studies to other relevant historical works so that the law and economics inquiry will not be conducted in a disciplinary vacuum. It thus calls to the published in the field of law and economics. Finally it is also directed at scholars interested in the intellectual history of jurisprudence and in the methodological turn to history in the social sciences INTRODUCTION Many scholars have observed that during the last quarter of the twentieth century, the humanities and social sciences have turned toward history something that culminated in the 1990s. This was manifested in the rise of schools and trends such as historical sociology, ethno-history in anthropology new institutionalism in political science and economics, and new historicism in literary theory. This phenomenon was evident in law as well, with the advance of new types of legal history writing associated first with the Wisconsin School of Legal History and then with Critical Legal Studies But law and economics, the most successful school of jurisprudence of the second half of the twentieth century 2 and whose influence in law schools still on the rise, seems to stand in contradiction to this general shift toward history, at least insofar as legal scholarship is concerned The aim of this article is to enhance awareness among law and economics scholars of the actual and potential uses of history. When dealing with past I Terrence J. McDonald, The Historic Turn in the Human Sciences 1 (1996) 2 Neil Duxbury, Patterns of American Jurisprudence(1995). Richard Posner, The Decline of Law as an Autonomous Discipline: 1962-1987, 100 Harv. L. Rev. 761 (1987): William M. Landes Richard A Posner, Symposium on the Trends in Legal Citations and Scholarship: Heavily Cited Articles in Law, 71 Chi -Kent. L. Rev660 Theoretical Inquiries in Law [Vol. 4:659 economics; and the importation of the concept of path dependency and of greater awareness of past burdens from other quarters of economic theory. Finally, the article examines the concrete ways in which these developments are being realized, by pointing out the various uses of history evident in specific law and economics studies conducted in recent years. It suggests a classification of this growing literature into six distinct uses of history, four of them emerging only in recent years. The general aim of this article is to enhance awareness among law and economics scholars of the actual and potential uses of history. The article further seeks to connect law-and-economics historical studies to other relevant historical works so that the law and economics inquiry will not be conducted in a disciplinary vacuum. It thus calls to the attention of legal historians and economic historians the new literature published in the field of law and economics. Finally it is also directed at scholars interested in the intellectual history of jurisprudence and in the methodological turn to history in the social sciences. INTRODUCTION Many scholars have observed that during the last quarter of the twentieth century, the humanities and social sciences have turned toward history, something that culminated in the 1990s.1 This was manifested in the rise of schools and trends such as historical sociology, ethno-history in anthropology, new institutionalism in political science and economics, and new historicism in literary theory. This phenomenon was evident in law as well, with the advance of new types of legal history writing associated first with the Wisconsin School of Legal History and then with Critical Legal Studies. But law and economics, the most successful school of jurisprudence of the second half of the twentieth century2 and whose influence in law schools is still on the rise, seems to stand in contradiction to this general shift toward history, at least insofar as legal scholarship is concerned. The aim of this article is to enhance awareness among law and economics scholars of the actual and potential uses of history. When dealing with past 1 Terrence J. McDonald, The Historic Turn in the Human Sciences 1 (1996). 2 Neil Duxbury, Patterns of American Jurisprudence (1995). Richard Posner, The Decline of Law as an Autonomous Discipline: 1962-1987, 100 Harv. L. Rev. 761 (1987); William M. Landes & Richard A. Posner, Symposium on the Trends in Legal Citations and Scholarship: Heavily Cited Articles in Law, 71 Chi.-Kent. L. Rev. 825 (1996)
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