The rise and fall of communal liability in ancient law |
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| Authors: | Francesco Parisi Giuseppe Dari-Mattiacci |
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| Institution: | aGeorge Mason University School of Law, 3301 Fairfax Drive, Arlington, VA 22201, USA;bJ.M. Buchanan Center for Political Economy, 3301 Fairfax Drive, Arlington, VA 22201, USA;cUtrecht School of Economics, Vredenburg 138, 3511BG Utrecht, The Netherlands |
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| Abstract: | In ancient societies, rules of communal responsibility permitted the imposition of retaliatory sanctions on a wrongdoer's clan. These rules followed the collective ownership structure of early communities. Over time, notions of personal responsibility emerged, terminating the transfer of responsibility from one member to the whole clan. This paper intends to provide an economic explanation for this transition. |
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| Keywords: | Communal liability Tort Ancient law Primitive society Group liability |
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