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Full-Text Articles in Law
Contesting Property Rights: Towards An Integrated Theory Of Institutional And System Change, Katharina Pistor
Contesting Property Rights: Towards An Integrated Theory Of Institutional And System Change, Katharina Pistor
Faculty Scholarship
It is widely recognized that institutions are embedded in social systems and that institutions as well as social systems change over time. Several implications follow: First, institutions cannot be described and analyzed without referring to the system in which they operate; conversely, a system cannot be described without reference to its core institutions. Second, systems foster institutional change and can breed new institutions. Third, institutional change can have systemic implications and may even engender the formation of new systems. In short, the relation between institutions and systems is characterized by complex interactions. A better understanding of the dynamics of institutional …
The Constitution's Accommodation Of Social Change, Philip A. Hamburger
The Constitution's Accommodation Of Social Change, Philip A. Hamburger
Faculty Scholarship
Did the framers and ratifiers of the United States Constitution think that changes in American society would require changes in the text or interpretation of the Constitution? If those who created the Constitution understood or even anticipated the possibility of major social alterations, how did they expect constitutional law – text and interpretation – to accommodate such developments?