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Endogenous cases and the evolution of the common law
被引:5
|作者:
Parameswaran, Giri
[1
]
机构:
[1] Haverford Coll, Haverford, PA 19041 USA
来源:
RAND JOURNAL OF ECONOMICS
|
2018年
/
49卷
/
04期
关键词:
LITIGATION;
PRECEDENT;
EFFICIENT;
LIABILITY;
DOCTRINE;
RULES;
D O I:
10.1111/1756-2171.12252
中图分类号:
F [经济];
学科分类号:
02 ;
摘要:
I develop a dynamic model of judge-made law in which the ideal legal rule is unknown but can be learned. In contrast to existing articles, the flow of cases heard by the court is affected by the court's prior decisions. The model highlights the significance of this feedback in explaining when and why the court will write broader or narrower opinions, and the long-run properties of common law. In equilibrium, the law settles endogenously, because the incentives to make legally controversial choices disappear as the law evolves. Settled law exhibits residual uncertainty and ambiguity, and potentially implements inefficient outcomes.
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页码:791 / 818
页数:28
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