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2003] The Uses of History in Law and Economics 661 periods and changes over time, law and economics scholars need not begin their inquiry from square one. They can build upon modes of historical reasoning, theories, and research methods that have been developed by others This article 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 vacuum. The article demonstrates the limitations of some of the uses of history by law and economics scholars and the prospects of other uses from the perspective of legal historians and economic historians It does not seek to offer a single formula for law-and-economics historical studies or to grade various uses of law and economics in history as superior or inferior in absolute terms This article also seeks to call to the attention of legal historians an economic historians the new literature published in the field of law and economics, literature that may make the field relevant to their research interests for the first time. The article also targets scholars interested in the history of jurisprudence. A new trend within a major jurisprudential school is something worth documenting and monitoring. Finally, this article offers those interested in the shift toward history in general with a discussion of one remarkable variant of its manifestation The article proceeds according to the following structure. It first explains the reasons for the a-historical nature of law and economics, by analyzing its intellectual origins, its methodological paradigm, and the nature of its interaction with other sub-fields of law and of economics it next calls attention to recent developments within law and economics that indicate that it, too, may join the general trend within the social sciences toward history. The article discusses the methodological origins of this new trend and the manner in which the new methodological approaches relate to the original methodological paradigm of law and economics. 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 conomics studies conducted in recent years L. THE A-HISTORICAL ORIGINS OF LAW AND ECONOMICS A Intellectual Origins in the Chicago school of Neo-Classical Economics The debate over the intellectual origins of the law and economics field is still at a very preliminary stage. Some outside observers suggest a peculiar connection between the law and economics movement and either institutional economics or else legal realism, or a combination of the two in the form of2003] The Uses of History in Law and Economics 661 periods and changes over time, law and economics scholars need not begin their inquiry from square one. They can build upon modes of historical reasoning, theories, and research methods that have been developed by others. This article 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 vacuum. The article demonstrates the limitations of some of the uses of history by law and economics scholars and the prospects of other uses from the perspective of legal historians and economic historians. It does not seek to offer a single formula for law-and-economics historical studies or to grade various uses of law and economics in history as superior or inferior in absolute terms. This article also seeks to call to the attention of legal historians and economic historians the new literature published in the field of law and economics, literature that may make the field relevant to their research interests for the first time. The article also targets scholars interested in the history of jurisprudence. A new trend within a major jurisprudential school is something worth documenting and monitoring. Finally, this article offers those interested in the shift toward history in general with a discussion of one remarkable variant of its manifestation. The article proceeds according to the following structure. It first explains the reasons for the a-historical nature of law and economics, by analyzing its intellectual origins, its methodological paradigm, and the nature of its interaction with other sub-fields of law and of economics. It next calls attention to recent developments within law and economics that indicate that it, too, may join the general trend within the social sciences toward history. The article discusses the methodological origins of this new trend and the manner in which the new methodological approaches relate to the original methodological paradigm of law and economics. 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. I. THE A-HISTORICAL ORIGINS OF LAW AND ECONOMICS A. Intellectual Origins in the Chicago School of Neo-Classical Economics The debate over the intellectual origins of the law and economics field is still at a very preliminary stage. Some outside observers suggest a peculiar connection between the law and economics movement and either institutional economics or else legal realism, or a combination of the two in the form of
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