Examines the validity limits of memetic persistence indices in legal norms, suggesting implications for evolution-based frameworks.
The Extended Phenotype Theory of law (EPT) treats legal and institutional norms as memes subject to evolutionary selection. This paper argues that persistence-as-fitness conflates genuine evolutionary fitness with documentary inertia: persistence generated by codification, digitization, citation automation, archival selection, and editorial transmission infrastructure. Using Talkie-1930 as a natural experiment, it derives validity constraints for CLI/TCI applications, proposes an Inertia-Corrected CLI (IC-CLI), and refines the Zombie Law diagnosis.
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Ignacio Adrián LERER (2026) studied this question.
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